Father M v. Various Tort

Good Law
667 F. App'x 601
United States Court of Appeals for the Ninth CircuitJuly 14, 201613-36105California516 words

Opinion

Opinion

MEMORANDUM

■ Father M appeals from the district court’s denial of his motion for reconsideration under Federal Rule of Civil Procedure 60(b)(6). This court reviews denials of motions for reconsideration for an abuse of discretion. Navajo Nation v. Confederated Tribes & Bands of the Yakama Indian Nation, 331 F.3d 1041, 1046 (9th Cir. 2003). We have jurisdiction under 28 U.S.C. § 158 (d)(1) and 28 U.S.C. § 1291 , and we affirm.

To prevail on a motion for reconsideration under Rule 60(b)(6) for “any other reason that justifies relief,” the moving party must demonstrate that “extraordinary circumstances” exist. Latshaw v. Trainer Wortham & Co., 452 F.3d 1097, 1103 (9th Cir. 2006). Rule 60(b)(6) is intended to be “used sparingly as an equitable remedy to prevent manifest injustice.” Id. (internal quotation marks and citation omitted).

Father M has failed to show that the district court abused its discretion in finding that he did not demonstrate the “extraordinary circumstances” necessary to justify relief. As the district court pointed out, Father M does not explain why the information about his living situation that is contained in the newly submitted declarations could not have…

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