(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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 Akika Parker, 12 Plaintiff, 13 14 No. 2:20-cv-00455-KJM-CKD ORDER v. JP Morgan Chase, 15 Defendant. 16 17 The court construes the filing at ECF No. 9 as a motion to reconsider the order adopting 18 the Magistrate Judge’s findings and recommendations under Federal Rule of Civil Procedure 19 59(e), see Am. Ironworks & Erectors, Inc. v. N. Am. Const. Corp., 248 F.3d 892, 898–99 (9th Cir. 20 2001), and an ex parte application for a temporary restraining order. The court denies the 21 requested relief. See 389 Orange St. Partners v. Arnold, 179 F.3d 656, 665 (9th Cir. 1999) 22 “Under Rule 59(e), a motion for reconsideration should not be granted, absent highly unusual 23 circumstances, unless the district court is presented with newly discovered evidence, committed 24 clear error, or if there is an intervening change in the controlling law.” (citation omitted)); Winter 25 v. Natural Res. Def. Council, Inc., 555 U.S. 7, 20 (2008) (identifying the showing required of a 26 plaintiff who seeks preliminary injunctive relief or a temporary restraining order). Similar 27 requests filed in the future will be disregarded. 28 ///// 1 1 2 IT IS SO ORDERED. DATED: April 26, 2021. 3 2

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