Erickson Productions Inc v. Kraig R Kast

Good Law
United States District Court, Northern District of CaliforniaJune 30, 20234:13-cv-05472California1,063 words

Opinion

Trial Court Opinion

I. DISCUSSION

1 The court construes Kast’s filing as a motion for leave to file a motion for reconsideration 2 of the court’s Order Denying Transfer under Civil Local Rule 7-9, which provides that a party 3 may seek leave to file a motion for reconsideration of an interlocutory order at any time before 4 judgment. Civ. L.R. 7-9(a). A motion for reconsideration may be made on one of three grounds: 5 (1) a material difference in fact or law exists from that which was presented to the court, which, in 6 the exercise of reasonable diligence, the party applying for reconsideration did not know at the 7 time of the order for which reconsideration is sought; (2) the emergence of new material facts or a 8 change of law; or (3) a manifest failure by the court to consider material facts or dispositive legal 9 arguments presented before such order. Civ. L.R. 7-9(b)(1)-(3). Reconsideration of a prior ruling 10 is an “extraordinary remedy, to be used sparingly.” Kona Enters., Inc. v. Estate of Bishop, 229 11 F.3d 877, 890 (9th Cir. 2000). The moving party may not reargue any written or oral argument 12 previously asserted to the court. Civ. L.R. 7-9(c). “Once a reconsideration…

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