Ballon

(CONSENT)(PS) Hoeft v. Ballon

Good Law
United States District Court, Eastern District of CaliforniaFebruary 28, 20202:16-cv-02615California373 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MONICA HOEFT, No. 2:16-cv-02615 CKD (PS) Plaintiff, v. ORDER AL BALLON, Defendant. 16 This action was dismissed with prejudice on September 12, 2018. (ECF No. 63.) Before the court is plaintiff’s January 29, 2020 motion to set aside the judgment. (ECF No. 70.) Defendant has filed an opposition. (ECF No. 73.) A district court may reconsider a ruling under either Federal Rule of Civil Procedure 59(e) or 60(b). See Sch. Dist. Number. 1J, Multnomah County 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.” Id. at 1263. Here, plaintiff’s motion for reconsideration is untimely, having been filed over one year after the entry of judgment dismissing this action. A motion…

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