Hunter et al v. CitiMortgage Incorporated et al

Filing 17

ORDER denying 15 Plaintiff's Motion for Reconsideration. Signed by Judge Frederick J Martone on 10/20/11.(DMT)

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1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 10 11 12 13 14 15 ) ) ) Plaintiffs, ) ) vs. ) ) CitiMortgage, Inc.; Federal Home Loan) Mortgage Corp. also known as Freddie) ) Mac, ) ) Defendants. ) ) Patrick S. Hunter; Linda M. Hunter, CV 11-01549-PHX-FJM ORDER 16 17 The court has before it plaintiffs' motion for reconsideration (doc. 15). This case 18 arises out of a trustee sale of plaintiffs' home which resulted in their eviction. We granted 19 defendants' motion to dismiss all five counts (doc.13). Plaintiffs argue that we committed 20 clear error and were manifestly unjust by failing to allow plaintiffs to amend their complaint. 21 Under LR Civ 7.2(g), a court should deny a motion for reconsideration "absent a 22 showing of manifest error or a showing of new facts or legal authority that could not have 23 been brought to its attention earlier with reasonable diligence." Rule 15(a)(2), Fed R. Civ. 24 P. instructs that a party can only amend its pleadings, other than as a matter of course, with 25 the other party's consent or with the court's leave. LR Civ 15.1 requires that a party moving 26 for leave to amend must attach a copy of the proposed pleading to the motion to amend. An 27 amendment must not prejudice an opposing party, be sought in bad faith, produce undue 28 delay, or be futile. AmerisourceBergen Corp. v. Dialysist West, Inc., 465 F.3d 946, 951 (9th 1 Cir. 2006). 2 Plaintiffs failed to properly seek leave to amend in their response to defendants' 3 motion to dismiss because they did not attach a copy of the proposed amended pleading as 4 an exhibit to the motion. See LRCiv. 15.1. Absent that, we could not evaluate whether 5 amendment would be futile. It was not clear error nor manifestly unjust for the court to 6 refrain from granting leave to amend when a motion to amend was not properly before this 7 court. 8 IT IS ORDERED DENYING plaintiffs' motion for reconsideration (doc. 15). 9 DATED this 20th day of October, 2011. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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