McMaster v. Yates, et al

Filing 110

ORDER, signed by District Judge Frank R. Zapata on 5/7/12: Plaintiff's "Motion to Alter or Amend Judgment" 106 is DENIED . (Hellings, J)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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Dana McMaster,

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Plaintiff,
vs.

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Doctor Thomas, et al.,
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Defendants.
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No. CV 1-04-6453-FRZ
ORDER

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Pending before the Court is Plaintiff’s “motion to alter or amend judgment” which this

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Court construes as a motion for reconsideration of the Court’s Order granting summary

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judgment. The motion is denied.

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I. Discussion

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A motion to reconsider must provide a valid ground for reconsideration
by showing two things. First, it must demonstrate some valid reason why the
Court should reconsider its prior decision. Second, it must set forth facts or
law of a strongly convincing nature to induce the Court to reverse its prior
decision.

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Courts have advanced three major grounds justifying reconsideration:
(1) an intervening change in the controlling law; (2) the availability of new
evidence; and (3) the need to correct clear error or prevent manifest injustice.

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Bahrs v. Hughes Aircraft Co., 795 F. Supp. 965, 967 (D. Ariz. 1992); see also Defenders of

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Wildlife v. Browner, 909 F. Supp. 1342, 1351 (D. Ariz. 1995)(a motion for reconsideration

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should not be used to ask a court to "rethink what the court had already thought through-

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rightly or wrongly."); Refrigeration Sales Co. v. Mitchell-Jackson, Inc., 605 F.Supp. 6, 7

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(N.D.Ill. 1983)(arguments that a court was in error on the issues it considered should be

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directed to the court of appeals).

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Having reviewed the motion to reconsider and the record in this case, the Court finds
no basis to depart from its original decision.
Accordingly, IT IS HEREBY ORDERED as follows:
(1) Plaintiff’s “motion to alter or amend judgment” is denied.

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DATED this 7th day of May, 2012.

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