Adler v. Gonzalez et al

Filing 32

ORDER GRANTING 16 Plaintiff's Motion for Reconsideration; ORDER VACATING 12 Screening Order; ORDER GRANTING 23 Defendants' Request for an Extension of Time and STRIKING 29 , 30 Motions to Dismiss, signed by Magistrate Judge Michael J. Seng on 2/1/2013. The Court will reissue an amended screening order and defendants shall file an amended responsive pleading thirty days after the amended screening order is issued. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BRENT ADLER,

CASE NO. 1:11-cv-1915-LJO-MJS PC

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Plaintiff,

ORDER GRANTING PLAINTIFF’S MOTION
FOR RECONSIDERATION

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(ECF No. 16)

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v.

ORDER VACATING SCREENING ORDER

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FERNANDO GONZALEZ, et al.,

(ECF No. 12)
ORDER GRANTING DEFENDANTS’
REQUEST FOR AN EXTENSION OF TIME
AND STRIKING MOTIONS TO DISMISS

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Defendants.
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(ECF NOS. 23, 29, 30)

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I.

Plaintiff Brent Adler (“Plaintiff”), a state prisoner proceeding pro se and in forma

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PROCEDURAL HISTORY

pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983.

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The Court screened Plaintiff’s First Amended Complaint, found that it stated a claim,

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and ordered Plaintiff’s First Amended Complaint to be served on Defendants. (ECF No.

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12.)

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Before the Court is Plaintiff’s motion for reconsideration of the Court’s screening

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order. (Mot., ECF No. 16.) Also before the Court is Defendants’ motion for an extension

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of time to file an unenumerated Fed. R. Civ. P. 12(b) motion. (ECF No. 23.) Both motions

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are ready for ruling.

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II.

PLAINTIFF’S MOTION FOR RECONSIDERATION

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Federal Rule of Civil Procedure 60(b) governs the reconsideration of final orders of

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the District Court. Rule 60(b) permits a district court to relieve a party from a final order or

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judgment on grounds of: “(1) mistake, inadvertence, surprise, or excusable neglect; (2)

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newly discovered evidence . . . ; (3) fraud . . . of an adverse party; (4) the judgment is void;

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(5) the judgment has been satisfied . . . or (6) any other reason justifying relief from the

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operation of the judgment.” Fed. R. Civ. P. 60(b). A motion under Rule 60(b) must be

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made within a reasonable time, in any event not more than one year after the judgment,

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order, or proceeding was entered or taken. Id.

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Moreover, when filing a motion for reconsideration, Local Rule 230(j) requires a

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party to show the “new or different facts or circumstances claimed to exist which did not

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exist or were not shown upon such prior motion, or what other grounds exist for the

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motion.” Motions to reconsider are committed to the discretion of the trial court. Combs

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v. Nick Garin Trucking, 825 F.2d 437, 441 (D.C.Cir. 1987); Rodgers v. Watt, 722 F.2d 456,

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460 (9th Cir. 1983). To succeed, a party must set forth facts or law of a strongly convincing

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nature to induce the court to reverse its prior decision. See e.g., Kern–Tulare Water Dist.

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v. City of Bakersfield, 634 F.Supp. 656, 665 (E.D.Cal. 1986), aff'd in part and rev'd in part

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on other grounds, 828 F.2d 514 (9th Cir. 1987).

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Rule 60(b)(6) “is to be used sparingly as an equitable remedy to prevent manifest

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injustice and is to be utilized only where extraordinary circumstances . . . ” exist. Harvest

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v. Castro, 531 F.3d 737, 749 (9th Cir. 2008).

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Here, Plaintiff seeks relief from the Court’s screening order which found that Plaintiff

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failed to state a claim under the Religious Land Use and Institutionalized Persons Act

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(“RLUIPA”). (ECF No. 12 at 2.) The Court initially concluded that Plaintiff had failed to

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properly state any claim under this statute. Upon further consideration of the controlling

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authorities and facts and circumstances of this case, the Court finds that Plaintiff may be

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able to allege facts sufficient to state a cognizable RLUIPA claim and that the relief sought

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herein is supported by good cause.
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III.

DEFENDANTS’ MOTION FOR AN EXTENSION OF TIME

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In light of the Court’s decision to grant Plaintiff’s motion for reconsideration, the

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Court will issue an amended screening order and direct Defendants to file an amended

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responsive pleading after the order has been issued. Once Defendants have filed an

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amended responsive pleading, the Court will issue an amended scheduling order, if

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necessary, with a new deadline for filing dispositive motions.

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Accordingly, the Court will grant Defendants’ motion for an extension of time (ECF

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No. 23) but will wait to set a deadline for filing dispositive motions until the Court has issued

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an amended screening order and Defendants have filed a responsive pleading.
In the interim period Defendants filed motions to dismiss which will be stricken and

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may be re-filed once the Court re-issues its screening order.

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IV.

ORDER
Plaintiff having met his burden as a party moving for reconsideration, it is HEREBY

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ORDERED that:

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1.

Plaintiff’s motion for reconsideration (ECF No. 16) be granted;

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2.

The Court’s screening order finding that Plaintiff stated a cognizable claim
(ECF No. 12) is vacated;

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3.

Defendants’ motions to dismiss are stricken (ECF Nos. 29 & 30);

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3.

The Court will reissue an amended screening order;

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4.

Defendants shall file an amended responsive pleading thirty days after the
amended screening order is issued;

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6.

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Defendants’ motion for an extension of time in which to file an unenumerated
Fed. R. Civ. P. 12(b) motion (ECF No. 23) is granted;

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7.

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The Court will issue an amended scheduling order, if necessary, once
Defendants have filed an amended responsive pleading; and

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8.

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The Court will set out the new deadline for filing dispositive motions when it
issues its amended scheduling order.

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IT IS SO ORDERED.

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Dated:
il0i0d

February 1, 2013

Michael J. Seng

/s/
UNITED STATES MAGISTRATE JUDGE

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