Johnson v. 12 N Park Victoria LLC

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SCOTT JOHNSON, Case No. 20-cv-02200-VC

Plaintiff,

ORDER OF RECONSIDERATION

v. Re: Dkt. No. 21 12 N PARK VICTORIA LLC, et al., Defendants.

At any time before final judgment is entered and for any reason, a district court may sua sponte reconsider its own interlocutory orders. See United States v. Smith, 389 F.3d 944, 948 (9th Cir. 2004). For reasons that are not entirely clear, a court seeking to reconsider an interlocutory order issued by another judge previously assigned to the case must identify “cogent reasons” or “exceptional circumstances” for doing so. Castner v. First National Bank of Anchorage, 278 F.2d 376, 380 (9th Cir. 1960) (first quoting Shreve v. Cheesman, 69 F. 785, 791 (8th Cir. 1895); and then quoting T.C.F. Film Corp. v. Gourley, 240 F.2d 711, 714 (3d Cir. 1957))). Such reasons exist in this case. It would be manifestly unjust for the prior default judgment order awarding $12,000 in statutory damages against the individual defendant, Jalal Khalilzadeh, to stand. Johnson, who bears the burden of proof on a motion for default judgment, has not shown that the facts warrant an award…