Chen
Chen v. BMW of North America, LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 LAP-PING CHEN, Case No. 21-cv-03531-DMR
Plaintiff, ORDER DENYING DEFENDANT'S v. RULE 60(B)(6) MOTION FOR RELIEF
BMW OF NORTH AMERICA, LLC, Re: Dkt. No. 59 Defendant.
The court denies Defendant’s Federal Rule of Civil Procedure 60(b)(6) motion for relief. Defendant failed to comply with Northern District of California Civil Local Rule 7-9(a), which requires that any party moving for reconsideration of an interlocutory order must first obtain leave of court to file the motion. Nor does Defendant’s motion address any of the pertinent factors, including “that a material difference in fact or law exists from that which was presented to the Court before entry of the interlocutory order for which reconsideration is sought,” the “emergence of new material facts or a change of law,” or a “manifest failure by the court to consider material facts or dispositive legal arguments.” Civ. L.R. 7-9(b). Whether to grant leave …