Jones v. Arnette, et al.

Filing 114

ORDER DENYING Motion for Reconsideration 112 signed by Magistrate Judge Gary S. Austin on 10/21/2021. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JEREMY JONES,

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Plaintiff,

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vs.

1:16-cv-01212-DAD-GSA-PC
ORDER DENYING MOTION FOR
RECONSIDERATION
(ECF No. 112.)

ARNETTE, et al.,

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Defendants.

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I.

BACKGROUND

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Jeremy Jones (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis

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with this civil rights action pursuant to 42 U.S.C. § 1983 and the Americans with Disabilities Act

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(ADA), 42 U.S.C. § 12132.

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On October 15, 2021, the court granted Defendants’ motion to modify the scheduling

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order, and on October 18, 2021, the court granted in part Plaintiff’s motion to compel. (ECF

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Nos. 110, 111.) On October 20, 2021, Plaintiff filed an opposition to the court’s orders, which

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the court construes as a motion for reconsideration. (ECF No. 112.)

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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 reasonable

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diligence, could not have been discovered in time to move for a new trial under Rule 59(b); (3)

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fraud (whether previously called intrinsic or extrinsic), misrepresentation, or misconduct by an

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opposing party; (4) the judgment is void; or (6) any other reason that justifies relief.” Fed. R.
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Civ. P. 60(b). 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 v.

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Castro, 531 F.3d 737, 749 (9th Cir. 2008) (internal quotations marks and citation omitted). The

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moving party “must demonstrate both injury and circumstances beyond his control . . . .” Id.

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(internal quotation marks and citation omitted). In seeking reconsideration of an order, Local

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Rule 230(k) requires Plaintiff to show “what new or different facts or circumstances are claimed

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to exist which did not exist or were not shown upon such prior motion, or what other grounds

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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 marks

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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 F.Supp.2d

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1111, 1131 (E.D. Cal. 2001). To succeed, a party must set forth facts or law of a strongly

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convincing nature to induce the court to reverse its prior decision. See Kern-Tulare Water Dist.

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v. City of Bakersfield, 634 F.Supp. 656, 665 (E.D. Cal. 1986), affirmed in part and reversed in

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

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Here, Plaintiff objects to the court’s decisions to stay the deadlines in this case pending

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resolution of issues related to unserved defendants and a defendant who has not appeared, and to

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compel Defendants to respond to Plaintiff’s discovery request.

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Plaintiff does not present the Court with any newly-discovered evidence or show that the

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Court committed clear error in its rulings. Nor does he point to any intervening change in

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controlling law. Instead, Plaintiff merely disagrees with the court’s decisions and recapitulates

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that which was already considered by the Court in rendering its decisions. Accordingly, Plaintiff

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fails to show any reason why the Court should reconsider its prior orders, and the Court will deny

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his motion for reconsideration.
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IV.

CONCLUSION
Based on the foregoing, IT IS HEREBY ORDERED that Plaintiff’s motion for

reconsideration, filed on October 20, 2021, is DENIED.

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IT IS SO ORDERED.
Dated:

October 21, 2021

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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