Green

Green v. Solis

Good Law
United States District Court, Southern District of CaliforniaJune 3, 20203:18-cv-01804California805 words

Opinion

Trial Court Opinion

DISCUSSION

3 A. Legal Standard. 5 Federal Rule of Civil Procedure 59 provides that after entry of judgment, a party 6 may file a motion to alter or amend the judgment. Fed.R.Civ.P. 59(e). “Reconsideration 7 is appropriate if the district court (1) is presented with newly discovered evidence, (2) 8 committed clear error or the initial decision was manifestly unjust, or (3) if there is an 9 intervening change in controlling law.” Sch. Dist. No. 1J, Multnomah Cty., Or. v. 10 ACandS, Inc., 5 F.3d 1255, 1263 (9th Cir. 1993). 11 “Although Rule 59(e) permits a district court to reconsider and amend a previous 12 order, the rule offers an extraordinary remedy, to be used sparingly in the interests of 13 finality and conservation of judicial resources.” Kona Enters., Inc. v. Estate of Bishop, 14 229 F.3d 877, 890 (9th Cir. 2000) (internal quotation marks and citation omitted). A Rule 15 59(e) motion for reconsideration may not be used to raise arguments or present evidence 16 for the first time when they could reasonably have been raised earlier in the litigation. Id. 17 “[A]fter thoughts” or “shifting of ground” do not constitute an appropriate basis for 18 reconsideration. Ausmus…

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