Mogan v. Sacks, Ricketts & Case LLP

Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 MICHAEL MOGAN, Case No. 21-cv-08431-TSH

8 Plaintiff, ORDER DENYING MOTION FOR 9 v. RELIEF FROM JUDGMENT AND MOTION FOR LEAVE TO FILE 10 SACKS, RICKETTS & CASE LLP, et al., MOTION FOR RECONSIDERATION 11 Defendants. Re: Dkt. Nos. 85, 86

12 13 Plaintiff Michael Mogan has filed a motion for relief from judgment pursuant to Federal 14 Rule of Civil Procedure 59(e) (ECF No. 85) and a motion for leave to file a motion for 15 reconsideration pursuant to Civil Local Rule 7-9 (ECF No. 86). The Court finds these matters 16 suitable for disposition without oral argument and VACATES the June 30, 2022 hearing. See 17 Civ. L.R. 7-1(b). 18 As to Mogan’s motion for leave to file a motion for reconsideration, any such motion must 19 be brought “[b]efore the entry of a judgment adjudicating all of the claims and the rights and 20 liabilities of all the parties in a case.” Civ. L.R. 7-9(a). As judgment has already been entered in 21 this case, the motion is procedurally improper. Further, even considering the merits of his request, 22 motions for reconsideration are disfavored and “should not be granted, absent highly unusual 23 circumstances, unless the district court is presented with newly discovered evidence, committed 24 clear error, or if there is an intervening change in the controlling law.” McDowell v. Calderon, 25 197 F.3d 1253, 1254 (9th Cir. 1999) (per curiam) (internal quotation and citation omitted). Here, 26 the Court finds Mogan has failed to establish highly unusual circumstances that would warrant 27 consideration of a motion for reconsideration. Accordingly, the motion for leave to file a motion 1 As to Mogan’s motion for relief from judgment, “altering or amending a judgment under 2 |} Rule 59(e) is an ‘extraordinary remedy.’” Rishor v. Ferguson, 822 F.3d 482, 491 (9th Cir. 2016) 3 (quoting Allstate Ins. Co. v. Herron, 634 F.3d 1101, 1111 (9th Cir. 2011)). A district court 4 || ordinarily will only alter a judgment if “(1) the court committed manifest errors of law or fact, (2) 5 the court is presented with newly discovered or previously unavailable evidence, (3) the decision 6 || was manifestly unjust, or (4) there is an intervening change in the controlling law.” Id. at 491-92. 7 || Acourt should grant such motions “sparingly.” Allstate Ins. Co. v. Herron, 634 F.3d 1101, 1111 8 (9th Cir. 2011); Kona Enterprises, Inc. v. Estate of Bishop, 229 F.3d 877, 890 (9th Cir. 2000) 9 || (Rule 59(e) applies only in “highly unusual circumstances.”). Here, the Court finds Mogan has 10 || failed to establish grounds for this extraordinary remedy. Accordingly, the motion to alter or 11 amend judgment is also DENIED. 12 IT IS SO ORDERED.

14 |] Dated: May 25, 2022

2 16 LU \ : Lj-~— 5 Ur se S. HIXSON nited States Magistrate Judge 18 19 20 21 22 23 24 25 26 27 28