Rubio v. City of Visalia

District Court, E.D. California·Decided April 25, 2024·No. 1:21-cv-00286·Unknown

Opinion

UNITED STATES DISTRICT COURT RAYMUNDO VICENTE RUBIO, Case No. 1:21-cv-00286-SAB Plaintiff, ORDER DENYING DEFENDANTS’ MOTION FOR RECONSIDERATION v. ORDER REQUIRING PARTIES TO FILE CITY OF VISALIA, et al., JOINT STATUS REPORT PROPOSING Defendants. (ECF Nos. 78, 81, 83)

MAY 15, 2024 DEADLINE

I. On March 1, 2024, the Court issued an order granting in part and denying in part Defendants’ motion for judgment on the pleadings. (ECF No. 77.) Therein, the Court (1) granted Defendants’ motion with prejudice as to the first cause of action for unreasonable search and seizure for Plaintiff’s detention and arrest as Heck barred; (2) granted in part and denied in part Defendants’ motion as to Plaintiff’s second cause of action for unreasonable search and seizure for excessive force and third cause of action for municipal liability for unconstitutional custom or policy without leave to amend; and (3) granted Defendants’ motion as to Plaintiff’s fourth through ninth state law causes of action with leave to amend Plaintiff’s administrative remedies allegations only. (ECF No. 77 at 29.) On March 6, 2024, Defendants filed the instant motion for reconsideration (ECF No. 78- 1), supported by a declaration by counsel for Defendants (Declaration of Leonard Herr in Support of Defs.’ Mot. Reconsideration (“Herr Decl.”), ECF No. 78-2.). Defendants proffer that the portion of the Court’s March 1, 2024 order to be reconsidered is the Court’s decision to grant Plaintiff leave to amend the complaint on his second through ninth causes of action. (ECF No. 78 at 2.) On March 20, 2024, Plaintiff filed an opposition (ECF No. 81), and Defendants replied on March 29, 2024 (ECF No. 83). The Court found this matter suitable for decision without oral argument. See Local Rule 230(g). For the reasons set forth herein, Defendants’ motion for reconsideration is denied. II. “A motion for reconsideration should not be granted, absent highly unusual circumstances, unless the district court is presented with newly discovered evidence, committed clear error, or if there is an intervening change in controlling law.” Marlyn Nutraceuticals, Inc., v. Mucos Pharma GmbH & Co. (“Marlyn”), 571 F.3d 873, 880 (9th Cir. 2009) (internal quotation marks and citations omitted). “A party seeking reconsideration must show more than a disagreement with the court's decision, and recapitulation...of that which was already considered by the court in rendering its decision.” U.S. v. Westlands Water Dist., 134 F.Supp.2d 1111, 1131 (E.D. Cal. 2001). “In the absence of new evidence or a change in the law, a party may not use a motion for reconsideration to raise arguments or present new evidence for the first time when it could reasonably have been raised earlier in the litigation.” Cachil Dehe Band of Wintun Indians of Colusa Indian Cmty. v. California, 649 F. Supp. 2d 1063, 1069 (E.D. Cal. 2009) (citing Carroll v. Nakatani, 342 F.3d 934, 945 (9th Cir. 2003)). To succeed in a motion for reconsideration, a party must set forth facts or law of a strongly convincing nature to induce the court to reverse its prior decision. See Kern-Tulare Water Dist. v. City of Bakersfield, 634 F. Supp. 646, 665 (E.D. Cal. 1986), affirmed in part and reversed in part on other grounds, 828 F.2d 514 (9th Cir. 1987). Defendants request reconsideration of the Court’s order only to the extent it grants Plaintiff leave to amend his second through ninth causes of action. The Court concludes reconsideration is not warranted for the reasons set forth below. A. The Court Did Not Grant Plaintiff Leave to Amend His Second and Third Causes of Action. Defendants argue the Court’s March 1, 2024 order “has room for improvement,” including an uncited portion of the order that purportedly granted Plaintiff leave to amend his second and third causes of action. (ECF No. 78-1 at 1.) Defendants aver the Court’s purported order granting Plaintiff leave to amend his second and third causes of action is “based on clear error.” (ECF No. 78-1 at 3.) After re-arguing the same facts presented to the Court in their motion for judgment on the pleadings and summarizing authorities not initially briefed by Defendants but cited at length by the Court in its March 1, 2024 order, Defendants argue that “[o]ffering Plaintiff Rubio the opportunity to amend…at a late date brings extreme prejudice to Defendants…. The District Court should reconsider the decision to grant leave to amend the second and third causes of action and either deny leave or request further briefing from the parties on amendment.” (ECF No. 78-1 at 5.) In his opposition, Plaintiff argues that this Court’s decision to grant leave to amend his second and third causes of action was properly decided and requests that the Court deny Defendants’ motion for reconsideration. (ECF No. 81 at 7-8.) In reply, Defendants underscore “[t]he arguments made in this motion concern only leave to amend.” (ECF No. 83 at 1.) Defendants further emphasize their “motion is explicit in limiting the requested relief: ‘[t]he portion of the order to be reconsidered is the Court’s decision to grant the Plaintiff leave to amend the complaint on his second through ninth causes of action.’ That’s it.” (Id. at 3.) Defendants state they are “not asking the Court to reconsider any decision it made except the decision to give Plaintiff leave to amend.” (Id. at 5.) Defendants note they argue the merits of the second and third causes of action because “[t]he idea that there was a point at which compliance had been gained followed by continued force was the basis for allowing leave to amend [the second and third causes of action].” (Id.) The Court urges both parties to revisit the Court’s March 1, 2024 order wherein the Court expressly denied Plaintiff’s request for leave to amend his second and third causes of action. (ECF No. 77 at 26-28, 29.) As detailed, Defendants repeatedly emphasize that their motion for reconsideration is limited to the Court’s “clear error” in granting Plaintiff leave to amend his second and third causes of action. (ECF No. 78-1 at 3.) Accordingly, the Court denies Defendants’ motion for reconsideration without addressing Defendants’ recapitulation of arguments and authorities that were already considered by the Court in rendering its decision when granting in part and denying in part Defendants’ motion for judgment on the pleadings without leave to amend the second and third causes of action.

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Rubio v. City of Visalia, (E.D. Cal. 2024).

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