Vijuve Inc v. Kaspien Inc

• Court: District Court, E.D. Washington
• Decided: June 13, 2023
• Docket: 2:21-cv-00192
• Status: Unknown

Opinion

1 FILED IN THE U.S. DISTRICT COURT 2 EASTERN DISTRICT OF WASHINGTON Jun 13, 2023 3 4 SEAN F. MCAVOY, CLERK 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF WASHINGTON 8 9 VIJUVE INC., a Florida corporation, No. 2:21-CV-00192-SAB 10 Plaintiff, 11 v. ORDER DENYING MOTION 12 KASPIEN INC., a Washington FOR RECONSIDERATION 13 corporation, 14 Defendant. 15 Before the Court is Plaintiff’s Motion for Reconsideration, ECF No. 98. The 16 Court heard oral argument on June 13, 2023 by videoconference. Defendant was 17 represented by Charles Hausberg and Zaine Yzaguirre; Mr. Hausberg presented on 18 behalf of Defendant. Plaintiff was represented by Constance Proctor and Edward 19 Redmond; Mr. Redmond presented on behalf of Plaintiff. 20 Reconsideration is an extraordinary remedy, to be used sparingly in the 21 interests of finality and conservation of judicial resources.” Kona Enterprises, Inc. 22 v. Estate of Bishop, 229 F.3d 877, 890 (9th Cir. 2000). A motion for 23 reconsideration may be reviewed under either Federal Rule of Civil Procedure 24 59(e) (motion to alter or amend a judgment) or 60(b) (relief from judgment). Sch. 25 Dist. No. 1J v. ACandS, Inc., 5 F.3d 1255, 1262 (9th Cir. 1993). “A district court 26 may properly reconsider its decision if it ‘(1) is presented with newly discovered 27 evidence, (2) committed clear error or the initial decision was manifestly unjust, or 28 (3) if there is an intervening change in controlling law.’” Smith v. Clark Cnty. Sch. Dist., 727 F.3d 950, 955 (9th Cir. 2013) (quoting Sch. Dist. No. 1J, 5 F.3d at 1263). “There may also be other, highly unusual, circumstances warranting 3|| reconsideration.” Sch. Dist. No. 1J, 5 F.3d at 1263. Whether to grant a motion for reconsideration is within the sound discretion of the court. Navajo Nation v. 5|| Confederated Tribes and Bands of the Yakima Nation, 331 F.3d 1041, 1046 (9th Cir. 2003). Plaintiff did not meet the standard for reconsideration outlined in case law. 8|| Therefore, for the reasons stated on the record, the motion is denied. 9 Accordingly, IT IS HEREBY ORDERED: 10 1. Plaintiff's Motion for Reconsideration, ECF No. 98, is DENIED. 11 IT IS SO ORDERED. The District Court Clerk is hereby directed to file this Order and provide copies to counsel. 13 DATED this 13th day of June 2023. 14 15 16 17 . 18 Shubert Econ 19 Stanley A. Bastian 0 Chief United States District Judge 21 22 23 24 25 26 27 28