Lyman et al v. Saxon Mortgage Services, Inc. et al
Filing
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ORDER re application for leave to file motion for reconsideration. (njvlc1, COURT STAFF) (Filed on 2/19/2013)
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NOT FOR CITATION
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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EUREKA DIVISION
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CHRISTOPHER GENE LYMAN;
JESSICA HELEN O’DANIEL,
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For the Northern District of California
United States District Court
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Plaintiff,
No. 1:11-CV-00433 NJV
ORDER RE APPLICATION
FOR LEAVE TO FILE MOTION FOR
RECONSIDERATION
v.
SAXON MORTGAGE SERVICES, INC.;
OCWEN LOAN SERVICING, LLC; FIRST
NLC FINANCIAL SERVICES, LLC; and
DOES 1 through 100, inclusive,
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Defendants.
___________________________________/
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Plaintiffs seek leave of court to file a motion for reconsideration of the court’s order of May
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15, 2012, dismissing with prejudice their fourth claim for relief based on promissory estoppel.
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(Docket no. 125.) Plaintiffs allege the existence of newly discovered evidence in the form of an
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executed copy of the Trial Modification Agreement, which was not available to Plaintiffs at the time
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of the court’s order.
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Plaintiffs contend that this newly-discovered evidence is relevant to both their motion for
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reconsideration of the court’s order dismissing their promissory estoppel claim, and their pending
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motion for leave to file a third amended complaint. They argue that the same document supports
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both a claim for breach of contract and a claim for promissory estoppel, as the executed contract
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constitutes a clear and unambiguous promise in support of these claims. It was this element that the
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court found missing when it dismissed the promissory estoppel claim. (Docket no. 103.)
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Local Civil Rule 7-9 (b) requires in part that a party moving for leave to file a motion for
reconsideration based on a material difference in fact from what was previously presented to the
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court, show that “in the exercise of reasonable diligence” the party did not know of such fact at the
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time of the previous order. In this case, Plaintiffs simply state that the Trial Modification
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Agreement “was not available” to them at the time of the May 15, 2012 order. The court finds this
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explanation insufficient to support an application for leave to file a motion for reconsideration.
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Accordingly, the court HEREBY GRANTS Plaintiffs fourteen (14) days from the date of
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entry of this order within which to file a supplementary brief with an appropriate declaration made
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under penalty of perjury, providing the information required by Local Civil Rule 7-9 (b).
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IT IS SO ORDERED.
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For the Northern District of California
United States District Court
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Dated: February 19, 2013
NANDOR J. VADAS
United States Magistrate Judge
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