The People of the State of California v. Herman and Helen's Marina et al.

Filing 31

ORDER signed by District Judge Kimberly J. Mueller on 1/13/2017 DENYING Defendant's 26 Motion to Amend the Court's Judgment. (Jackson, T)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PEOPLE OF THE STATE OF
CALIFORNIA,
Plaintiff,

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ORDER
v.

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No. 2:16-cv-00803-KJM-CKD

HERMAN AND HELEN'S MARINA,
et. al.,

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Defendants.

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This matter is before the court on defendant Charles Spurlock’s motion to amend

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the court’s judgment adopting in full the magistrate judge’s recommendations and remanding this

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case to the Superior Court of California for San Joaquin County. See Order 2, ECF No. 25; F&Rs

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2, ECF No. 5. For the reasons explained below, this court DENIES defendant’s motion to amend

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the court’s judgment.

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I.

LEGAL STANDARD
Defendant’s motion relies on Federal Rule of Civil Procedure 59(e) and Rule 60

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(b)(6). ECF No. 26 at 2.

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A.

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Rule 59(e)
Rule 59(e) provides, “[a] motion to alter or amend a judgment must be filed no

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later than 28 days after the entry of the judgment.” Fed. R. Civ. P. 59(e). Here, defendant filed

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his motion fourteen days after the court’s entry of judgment. See ECF No. 26.

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“Although Rule 59(e) permits a district court to reconsider and amend a previous

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order, the rule offers an extraordinary remedy, to be used sparingly in the interests of finality and

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conservation of judicial resources.” Kona Enters., Inc. v. Estate of Bishop, 229 F.3d 877, 890

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(9th Cir. 2000) (internal citations and quotations omitted). The burden on the moving party is

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high. See, e.g., Sec. and Exch. Comm’n v. Pattison, 2011 U.S. Dist. LEXIS 61922, at *4–5 (N.D.

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Cal. Jun. 9, 2011). The Ninth Circuit has articulated four grounds upon which a Rule 59(e)

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motion may be granted:

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(1) if such motion is necessary to correct manifest errors of law or
fact upon which the judgment rests; (2) if such motion is necessary
to present newly discovered or previously unavailable evidence;
(3) if such motion is necessary to prevent manifest injustice; or
(4) if the amendment is justified by an intervening change in
controlling law.

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Allstate Ins. Co. v. Herron, 634 F.3d 1101, 1111 (9th Cir. 2011). The Rule “may not be used to

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relitigate old matters, or to raise arguments or present evidence that could have been made prior

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to the entry of judgment.” Exxon Shipping Co. v. Baker, 554 U.S. 471, 485 n.5 (2008) (internal

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citation omitted).

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B.

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Rule 60(b)
Rule 60(b) enumerates six grounds under which a court may relieve a party from a

final judgment:

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(1) mistake, inadvertence, surprise, or excusable neglect;

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(2) newly discovered evidence that, with reasonable diligence,
could not have been discovered in time to move for a new trial
under Rule 59(b)

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(3) fraud (whether previously called intrinsic or extrinsic),
misrepresentation, or misconduct by an opposing party;
(4) the judgment is void;
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(5) the judgment has been satisfied, released or discharged; it is
based on an earlier judgment that has been reversed or vacated; or
applying it prospectively is no longer equitable; or

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(6) any other reason that justifies relief.

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Fed. R. Civ. P. 60(b). For the “any other reason” catchall portion of the rule, extraordinary

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circumstances are required to justify relief. See Ackermann v. U.S., 340 U.S. 193, 202 (1950)

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(“Neither the circumstances of petitioner nor his excuse for not appealing is so extraordinary as to

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bring him within ... Rule 60(b)(6).”); see also 11 Charles Alan Wright & Arthur R. Miller,

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Federal Practice and Procedure: Civil § 2857 (3d ed. 2013) (“ ‘[E]xtraordinary circumstances’

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should only be required under catchall clause (6) of the rule.”).

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II.

DISCUSSION
In its removal petition, defendant alleged the court had jurisdiction because:

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(1) there was admiralty jurisdiction, and (2) the claims in the complaint fall under the Clean

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Water Act. Not. Remov. 2, ECF No. 1.

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The magistrate judge concluded defendant had alleged “in conclusory fashion”

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that plaintiff’s complaint is subject to federal question jurisdiction because the claims fall under

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the federal Clean Water Act. F&Rs at 1. She found the plaintiff’s complaint, however, did not

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present a federal question, and defendant’s exhibits attached to the petition established the state

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court action alleged claims only under state law. Id. at 2.

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Here, defendant again argues the court has admiralty jurisdiction and plaintiff’s

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claims fall under the Clean Water Act. Mot. 2–6. Defendant adds a further argument, contending

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the federal Comprehensive Environmental Response, Compensation, and Liability Act

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(CERCLA), which regulates the cleanup of hazardous substances, provides “exclusive” original

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jurisdiction over plaintiff’s case.

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Regarding the first two arguments, defendant’s attempt to relitigate old matters

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does not warrant amending the judgment. Exxon, 554 U.S. 471 at 485 n.5. As to the new third

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argument, assuming without deciding that defendant could not have presented this argument in its

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removal petition, defendant contends now and only in conclusory fashion that plaintiff’s

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complaint “falls within the boundaries of CERCLA and concerns that statute’s goals.” See Mot.

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at 5–6. Defendant has not presented any grounds warranting reconsideration or amendment.

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Additionally, defendant does not specify what grounds justify relief from

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judgement, and the court finds no “extraordinary circumstances” to otherwise justify relief.

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Ackermann v. U.S., 340 U.S. at 202.

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III.

CONCLUSION

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Based on the forgoing, the court DENIES defendant’s motion to amend the court’s
judgment.
This resolves ECF No. 26.
IT IS SO ORDERED.
DATED: January 13, 2017.

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UNITED STATES DISTRICT JUDGE

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