Arellano

Arellano v. Blahnik

Good Law
United States District Court, Southern District of CaliforniaNovember 7, 20193:16-cv-02412California689 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 RAUL ARRELLANO, Case No.: 16cv2412-CAB-MSB

Plaintiff,

ORDER DENYING MOTION FOR

v. RECONSIDERATION [Doc. No. 128] BLAHNIK, Defendant. 16 On September 27, 2019, this Court issued an Order Denying Rule 60(b) Motion. [Doc. No. 121.] On October 29, 2019, Plaintiff filed a motion for reconsideration of that order. [Doc. No. 128.] A. Motion for reconsideration. Although the FRCP do not expressly authorize a motion for reconsideration, “(a) district court has the inherent power to reconsider and modify its interlocutory orders prior to the entry of judgment …” Posthearing Procedures, Cal. Prac. Guide Fed. Civ. Pro. Before Trial, Ch. 12-E, §12:158, quoting Smith v. Massachusetts, 543 US 462, 475 (2005). However, reconsideration is an “extraordinary remedy, to be used sparingly.” Absent highly unusual circumstances, a motion for reconsideration will not be granted “unless the district…

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