(PS) Parker v. JP Morgan Chase

Filing 10

ORDER signed by Chief District Judge Kimberly J. Mueller on 4/26/21 DENYING 9 Motion for Reconsideration. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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Akika Parker,

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Plaintiff,

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No. 2:20-cv-00455-KJM-CKD
ORDER

v.
JP Morgan Chase,

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Defendant.

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The court construes the filing at ECF No. 9 as a motion to reconsider the order adopting

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the Magistrate Judge’s findings and recommendations under Federal Rule of Civil Procedure

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59(e), see Am. Ironworks & Erectors, Inc. v. N. Am. Const. Corp., 248 F.3d 892, 898–99 (9th Cir.

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2001), and an ex parte application for a temporary restraining order. The court denies the

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requested relief. See 389 Orange St. Partners v. Arnold, 179 F.3d 656, 665 (9th Cir. 1999)

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“Under Rule 59(e), 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.” (citation omitted)); Winter

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v. Natural Res. Def. Council, Inc., 555 U.S. 7, 20 (2008) (identifying the showing required of a

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plaintiff who seeks preliminary injunctive relief or a temporary restraining order). Similar

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requests filed in the future will be disregarded.

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IT IS SO ORDERED.
DATED: April 26, 2021.

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