Angle et al v. Miller

Filing 36

ORDER Denying 21 Motion for District Judge to Reconsider Order. Signed by Judge James C. Mahan on 10/18/10. (Copies have been distributed pursuant to the NEF - ASB)

Angle et al v. Miller Doc. 36 1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 James C. Mahan U.S. District Judge SHARRON ANGLE, an individual. et al., Plaintiffs, v. ROSS MILLER, in his official capacity as Secretary of State for the State of Nevada, Defendant. 2:09-CV-1969 JCM (LRL) ORDER Presently before the court is plaintiffs Sharron Angle et al's motion to reconsider ruling by the district judge (doc. # 21). Defendant Ross Miller filed an opposition (doc. #26). Plaintiffs filed a reply (doc. 27). "Reconsideration is appropriate if the district court (1) is presented with newly discovered evidence, (2) committed clear error or the initial decision was manifestly unjust, or (3) if there is an intervening change in controlling law." School Dist. No. 1J v. ACandS, Inc., 5 F.3d 1255, 1263 (9th Cir. 1993); see Fed. R. Civ. P. 59(e); see also Fed. R. Civ. P. 60(b). Plaintiffs assert that they did not clearly explain their position and that they may have "confused the court." However, plaintiffs have failed to provide the court with new law, new facts, or new evidence indicating that any of the circumstances enumerated by the Ninth Circuit are present here warranting reconsideration or any other relief. Dockets.Justia.com 1 2 3 4 5 6 Accordingly, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the plaintiffs' motion to reconsider ruling by the district judge (doc. # 21) be, and the same hereby is, DENIED. DATED this 18th day of October, 2010. UNITED STATES DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 James C. Mahan U.S. District Judge -2-