DZ Bank AG Deutsche Zentral Genossenschaftsbank v. Choice Cash Advance LLC

Good Law
608 F. App'x 497
United States Court of Appeals for the Ninth CircuitJune 25, 201513-35607California459 words

Opinion

Opinion

MEMORANDUM

In this case arising from a loan default, Choice Cash appeals the district court’s denial of its motion for reconsideration of the court’s decision to grant summary judgment to DZ Bank. We review only the district court’s denial of reconsideration because Choice Cash does not appeal the underlying decision granting summary judgment. See Koerner v. Grigas, 328 F.3d 1039, 1048 (9th Cir.2003) (“[W]e will not ordinarily consider matters on appeal that are not .specifically and distinctly argued in appellant’s opening brief.” (quoting United States v. Ullah, 976 F.2d 509, 514 (9th Cir.1992)) (internal quotation marks omitted)). We affirm.

“[0]ur review of a denial of a motion to reconsider is for abuse of discretion.” Sch. Dist. No. 1J Multnomah Cnty., Or. v. ACandS, Inc., 5 F.3d 1255, 1262 (9th Cir.1993). “Reconsideration is appropriate if the district court (1) is presented with newly discovered evidence, (2) committed clear error or the initial decision was manifestly unjust, or (3) if there is an intervening change in controlling law. There may also be other, highly unusual, circumstances warranting reconsideration.” Id. at 1263 (citation omitted).

In its motion and…

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