Cobrae

(PS) Sanai v. Cobrae

Good Law
United States District Court, Eastern District of CaliforniaJuly 21, 20232:22-cv-00528California706 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 Cyrus Sanai, No. 2:22-cev-00528-KJM-CKD Plaintiff, ORDER v. Darren Cobrae, et al., 1S Defendant. 16 Plaintiff Cyrus Sanai! moves to alter or amend the judgment under Rule 59(e), ECF No. 43, and for relief from the judgment under Rule 60(b), ECF No. 44. The motions raise nearly 19 identical arguments, so the court addresses them together. Under Rule 59(e), “[r]econsideration is appropriate if the district court (1) is presented with newly discovered evidence, (2) committed clear error or the initial decision was manifestly 22 unjust, or (3) if there is an intervening change in controlling law.” Sch. Dist. No. 1J, Multnomah Cnty., Or. v. ACandS, Inc., 5 F.3d 1255, 1263 (9th Cir. 1993). Rule 60(b) “provides for 24 reconsideration only upon a showing of (1) mistake, surprise, or excusable neglect; (2) newly 25 discovered evidence; (3) fraud; (4) a void judgment; (5) a satisfied or…

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