Rund
Rund v. Kirkland (In re EPD Inv. Co.)
Opinion
Lead Opinion
Fischer, J.
Chapter 7 Trustee-Plaintiff Jason Rund moves the Court to reconsider its Order rejecting the Bankruptcy Court's Report and Recommendation (R & R) on the basis that it applied a de novo rather than clear error standard of review to claims relating to Bright Conscience Trust. Motion (Mot.), Dkt. 23. The Court deems this matter appropriate for decision without oral argument. See Fed. R. Civ. P. 78 ; Local Rule 7-15. The hearing set for August 20, 2018 is removed from the Court's calendar. The Motion is DENIED.
Absent "highly unusual circumstances," reconsideration is appropriate only where: (1) the court is "presented with newly discovered evidence"; (2) the court "committed clear error or the initial decision was manifestly unjust"; or (3) there is "an intervening change in controlling law." School Dist. No. 1J, Multnomah Cty., Or. v. ACandS, Inc. , 5 F.3d 1255 , 1263 (9th Cir. 1993). In the Central District of California, a motion for reconsideration may be made only on grounds of:
L.R. 7-18. "No motion for reconsideration shall in any manner repeat any oral or *912 written argument made in support of or in opposition to the original motion." Id.