Sifuentes v. Ola, et al.
Filing
62
ORDER denying Motion for Reconsideration 60 signed by Magistrate Judge Gary S. Austin on 11/29/2021. (Lundstrom, T)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
EASTERN DISTRICT OF CALIFORNIA
10
11
MIGUEL F. SIFUENTES,
12
Plaintiff,
13
14
vs.
1:16-cv-00241-DAD-GSA-PC
ORDER DENYING MOTION FOR
RECONSIDERATION
(ECF No. 60.)
OLA, et al.,
15
Defendants.
16
17
18
19
I.
BACKGROUND
20
Miguel G. Sifuentes (“Plaintiff”) is a prisoner proceeding pro se with this civil rights
21
action pursuant to 42 U.S.C. § 1983. This case now proceeds with Plaintiff’s First Amended
22
Complaint filed on April 26, 2017, against defendant Dr. Ola (“Defendant”) for failure to provide
23
adequate medical care, in violation of the Eighth Amendment. (ECF No. 21.)
24
On November 16, 2021, the court granted Plaintiff’s motion for a 60-day extension of
25
time to file a response to Defendant Ola’s motion for summary judgment. (ECF No. 61.) On the
26
same date, November 16, 2021, Defendant Ola filed an opposition to Plaintiff’s motion for
27
extension of time. (ECF No. 60.) The court construes Defendant’s opposition as a motion for
28
reconsideration of the court’s order.
1
1
II.
MOTION FOR RECONSIDERATION
2
Rule 60(b) allows the Court to relieve a party from an order for “(1) mistake,
3
inadvertence, surprise, or excusable neglect; (2) newly discovered evidence that, with reasonable
4
diligence, could not have been discovered in time to move for a new trial under Rule 59(b); (3)
5
fraud (whether previously called intrinsic or extrinsic), misrepresentation, or misconduct by an
6
opposing party; (4) the judgment is void; or (6) any other reason that justifies relief.” Fed. R.
7
Civ. P. 60(b). Rule 60(b)(6) “is to be used sparingly as an equitable remedy to prevent manifest
8
injustice and is to be utilized only where extraordinary circumstances . . .” exist. Harvest v.
9
Castro, 531 F.3d 737, 749 (9th Cir. 2008) (internal quotations marks and citation omitted). The
10
moving party “must demonstrate both injury and circumstances beyond his control . . . .” Id.
11
(internal quotation marks and citation omitted). In seeking reconsideration of an order, Local
12
Rule 230(k) requires Plaintiff to show “what new or different facts or circumstances are claimed
13
to exist which did not exist or were not shown upon such prior motion, or what other grounds
14
exist for the motion.”
15
“A motion for reconsideration should not be granted, absent highly unusual
16
circumstances, unless the district court is presented with newly discovered evidence, committed
17
clear error, or if there is an intervening change in the controlling law,” Marlyn Nutraceuticals,
18
Inc. v. Mucos Pharma GmbH & Co., 571 F.3d 873, 880 (9th Cir. 2009) (internal quotations marks
19
and citations omitted, and “[a] party seeking reconsideration must show more than a
20
disagreement with the Court’s decision, and recapitulation . . . ” of that which was already
21
considered by the Court in rendering its decision,” U.S. v. Westlands Water Dist., 134 F.Supp.2d
22
1111, 1131 (E.D. Cal. 2001). To succeed, a party must set forth facts or law of a strongly
23
convincing nature to induce the court to reverse its prior decision. See Kern-Tulare Water Dist.
24
v. City of Bakersfield, 634 F.Supp. 656, 665 (E.D. Cal. 1986), affirmed in part and reversed in
25
part on other grounds, 828 F.2d 514 (9th Cir. 1987).
26
Here, Defendant Ola opposes the court’s decision to grant Plaintiff a 60-day extension of
27
time to file a response to Defendant’s motion for summary judgment. Defendant Ola argues that
28
Plaintiff did not file a timely opposition or statement of non-opposition within the required time
2
1
period set forth by the court. Defendant also argues that Plaintiff failed to establish good cause
2
for the court to grant his motion for extension of time. Defendant’s arguments have merit.
3
However, at this stage of the proceedings, and without Plaintiff’s response, the court finds that
4
Defendant has not set forth facts or law of a strongly convincing nature to induce the court to
5
reverse its prior decision. Therefore, Defendant’s motion shall be denied.
6
IV.
7
8
CONCLUSION
Based on the foregoing, IT IS HEREBY ORDERED that Defendant’s motion for
reconsideration, filed on November 16, 2021, is DENIED.
9
10
11
12
IT IS SO ORDERED.
Dated:
November 29, 2021
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?