Linda Elizabeth Ricchio v. K. Hughes et al
Filing
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ORDER Denying 9 Motion for Reconsideration, signed by Magistrate Judge Gary S. Austin on 5/28/15. (Gonzalez, R)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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LINDA ELIZABETH RICCHIO,
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Plaintiff,
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vs.
1:15-cv-00700-LJO-GSA-PC
ORDER DENYING MOTION FOR
RECONSIDERATION
(Doc. 9.)
K. HUGHES, et al.,
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Defendants.
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I.
BACKGROUND
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Linda Elizabeth Ricchio (APlaintiff@) is a state prisoner proceeding pro se with this civil
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rights action filed pursuant to 42 U.S.C. ' 1983. Plaintiff filed the Complaint commencing this
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action on April 14, 2015 at the U. S. District Court for the Central District of California. (Doc.
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1.) On May 5, 2015, the case was transferred to the U.S. District Court for the Eastern District
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of California. (Doc. 4.)
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On May 20, 2015, Plaintiff filed a Motion in Opposition of Eastern District Jurisdiction,
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which the court construes as a motion for reconsideration of the transfer order. (Doc. 9.)
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Plaintiff’s motion is now before the court.
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II.
MOTION FOR RECONSIDERATION
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Rule 60(b) allows the Court to relieve a party from an order for “(1) mistake,
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inadvertence, surprise, or excusable neglect; (2) newly discovered evidence that, with
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reasonable diligence, could not have been discovered in time to move for a new trial under
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Rule 59(b); (3) fraud (whether previously called intrinsic or extrinsic), misrepresentation, or
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misconduct by an opposing party; (4) the judgment is void; or (6) any other reason that justifies
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relief.” Fed. R. Civ. P. 60(b). Rule 60(b)(6) “is to be used sparingly as an equitable remedy to
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prevent manifest injustice and is to be utilized only where extraordinary circumstances . . .”
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exist. Harvest v. Castro, 531 F.3d 737, 749 (9th Cir. 2008) (internal quotations marks and
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citation omitted). The moving party “must demonstrate both injury and circumstances beyond
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his control . . . .”
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reconsideration of an order, Local Rule 230(k) requires Plaintiff to show “what new or different
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facts or circumstances are claimed to exist which did not exist or were not shown upon such
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Id. (internal quotation marks and citation omitted).
In seeking
prior motion, or what other grounds exist for the motion.”
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“A motion for reconsideration should not be granted, absent highly unusual
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circumstances, unless the district court is presented with newly discovered evidence, committed
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clear error, or if there is an intervening change in the controlling law,” Marlyn Nutraceuticals,
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Inc. v. Mucos Pharma GmbH & Co., 571 F.3d 873, 880 (9th Cir. 2009) (internal quotations
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marks and citations omitted, and “[a] party seeking reconsideration must show more than a
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disagreement with the Court’s decision, and recapitulation . . . ” of that which was already
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considered by the Court in rendering its decision,” U.S. v. Westlands Water Dist., 134
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F.Supp.2d 1111, 1131 (E.D. Cal. 2001). To succeed, a party must set forth facts or law of a
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strongly convincing nature to induce the court to reverse its prior decision. See Kern-Tulare
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Water Dist. v. City of Bakersfield, 634 F.Supp. 656, 665 (E.D. Cal. 1986), affirmed in part and
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reversed in part on other grounds, 828 F.2d 514 (9th Cir. 1987).
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Here, Plaintiff argues that this case should not have been transferred to the Eastern
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District of California, because the Complaint for this case directly relates to her case Ricchio v.
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Correctional Officer S. Robinson, CV-06-6492MMSX, which is pending in the Central District
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of California. Plaintiff asserts that a 2012 Settlement Agreement in the Central District case
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has not been satisfied. Plaintiff argues that the claims in the present case “stem from the
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Central District.” (Motion, Doc. 9 at 1.) Plaintiff also argues that the extensive and sensitive
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nature of the case requires transfer back to the Central District.
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III.
DISCUSSION
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"For the convenience of parties and witnesses, in the interest of justice, a district court
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may transfer any civil action to any other district or division where it might have been
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brought." 28 U.S.C. ' 1404(a). The federal venue statute requires that a civil action, other than
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one based on diversity jurisdiction, be brought only in A(1) a judicial district where any
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defendant resides, if all defendants reside in the same State, (2) a judicial district in which a
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substantial part of the events or omissions giving rise to the claim occurred, or a substantial part
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of the property that is the subject of the action is situated, or (3) a judicial district in which any
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defendant may be found, if there is no district in which the action may otherwise be brought.@
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28 U.S.C. ' 1391(b).
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Plaintiff’s case is a civil action filed pursuant to 42 U.S.C. § 1983, which is not based
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on diversity jurisdiction. The Complaint names twelve defendants who all reside in the State of
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California, and five of the defendants, Deborah Johnson, Joshua Smith, D. Fortner, Sergeant
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Perez, and Julie Sobel, reside in the Eastern District of California. (Complaint, Doc. 1 at 3-7.)
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These facts alone are sufficient to show that this action could have been brought in the Eastern
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District of California. 28 U.S.C. §1404(a)(1). Plaintiff has not set forth facts or law of a
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strongly convincing nature in her motion for reconsideration to induce the court to reverse the
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decision to transfer this case. Therefore, Plaintiff’s motion for reconsideration shall be denied.
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IV.
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CONCLUSION
Based on the foregoing and good cause appearing, IT IS HEREBY ORDERED that
Plaintiff’s motion for reconsideration, filed on May 20, 2015, is DENIED.
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IT IS SO ORDERED.
Dated:
May 28, 2015
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
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