Hollis v. Mason et al

Filing 142

ORDER signed by Judge Morrison C. England, Jr. on 5/1/2012 DENYING 138 Motion to Alter or Amend Judgment without prejudice to renewal no less than 30 days from the date of service of this order. (Michel, G)

1

[

2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10

MARVIN GLENN HOLLIS,

11

Plaintiff,

12

vs.

13

No. CIV S-08-1094 MCE CKD P

J. MASON, et al.,

14

Defendants.

15

ORDER
/

16

On March 28, 2012, this case was closed pursuant to Federal Rule of Civil

17

Procedure Rule 41(a) and the parties’ stipulation for voluntary dismissal with prejudice. (ECF

18

Nos. 136, 137.) On April 3, 2012, plaintiff filed a motion to reopen the case until defendants pay

19

him the agreed-upon settlement amount and send him copies of the fully executed settlement

20

documents for his records. (ECF No. 138.)

21

A district court may reconsider a ruling under either Federal Rule of Civil

22

Procedure 59(e) or 60(b). See Sch. Dist. Number. 1J, Multnomah County v. ACandS, Inc., 5

23

F.3d 1255, 1262 (9th Cir. 1993). “Reconsideration is appropriate if the district court (1) is

24

presented with newly discovered evidence, (2) committed clear error or the initial decision was

25

manifestly unjust, or (3) if there is an intervening change in controlling law.” Id. at 1263.

26

///
1

1

Here, none of these conditions apply; rather, there appears to have been a (so far) brief delay by

2

defendants in effecting the settlement terms. The Court will deny plaintiff’s motion without

3

prejudice to renewal in thirty (30) days if, by that time, defendants still have not paid him the

4

agreed-upon settlement amount and/or sent him copies of the fully executed settlement

5

documents. Accordingly, plaintiff’s April 3, 2012, motion to alter or amend judgment (ECF No.

6

138) is DENIED without prejudice to renewal no less than thirty (30) days from the date of

7

service of this order.

8
9

IT IS SO ORDERED.
Dated: May 1, 2012

10
11
12

________________________________
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE

13
14
15
16
17
18
19
20
21
22
23
24
25
26
2