Bob Rhodes v. Raytheon Company

Good Law
663 F. App'x 541
United States Court of Appeals for the Ninth CircuitOctober 5, 201615-16052California883 words

Opinion

Opinion

MEMORANDUM

Bob Rhodes appeals the district court’s denial of his motion for reconsideration under Federal Rule of Civil Procedure 60(b)(6). Because the parties are familiar with the facts and procedural history of this case, we need not recite them here. We affirm.

We review an order denying a Rule 60(b)(6) motion for abuse of discretion. Washington v. Ryan, 833 F.3d 1087, 1089-91 (9th Cir. 2016) (en banc) (citing Casey v. Albertson’s Inc., 362 F.3d 1264 , 1257 (9th Cir. 2004)). Relief under Rule 60(b)(6) is to be “used sparingly as an equitable remedy to prevent manifest injustice and is to be utilized only where extraordinary circumstances prevented a party from taking timely action to prevent or correct an erroneous judgment.” Harvest v. Castro, 531 F.3d 737, 749 (9th Cir. 2008) (quoting Latshaw v. Trainer Wortham & Co., Inc., 452 F.3d 1097, 1103 (9th Cir. 2006)). “[A] motion for reconsideration should not be granted, absent highly unusual circumstances, unless the district court is presented with newly discovered evidence, committed clear error, or if there is an intervening change in the controlling law,” and it “may not be used to raise arguments or present evidence for…

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