Boyd v. Contra Costa Community College District et al

Filing 35

ORDER DENYING MOTION FOR RECONSIDERATION OF MOTION FOR DISQUALIFICATION. Signed by Judge Jeffrey S. White on 1/13/09. (jjo, COURT STAFF) (Filed on 1/13/2009)

1 2 3 4 5 6 7 8 9 10 AKAN BOYD, Plaintiff, v. CONTRA COSTA COMMUNITY COLLEGE DISTRICT and CAROLYN HODGE, Defendants. / ORDER DENYING MOTION FOR RECONSIDERATION OF MOTION FOR DISQUALIFICATION No. C 08-04129 JSW IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court

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For the Northern District of California

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Now before the Court is the motion for leave to file a motion for reconsideration filed by Plaintiff Akan Boyd ("Plaintiff").1 Plaintiff requests reconsideration of the Court's order issued on January 7, 2009 denying Plaintiff's motion for disqualification. Having carefully reviewed Plaintiff's papers and considered the relevant legal authority, and good cause appearing, the Court hereby DENIES Plaintiff's motion for leave to file a motion for reconsideration. A motion for reconsideration may be made on one of three grounds: (1) a material difference in fact or law exists from that which was presented to the Court, which, in the exercise of reasonable diligence, the party applying for reconsideration did not know at the time of the order; (2) the emergence of new material facts or a change of law; or (3) a manifest failure by the Court to consider material facts or dispositive legal arguments presented before entry of the order. Civ. L.R. 7-9(b)(1)-(3). In addition, the moving party may not reargue any written or oral argument previously asserted to the Court. Civ. L.R. 7-9(c).

Although the filing fails to conform to Civil Local Rule 7-9(a), the Court construes the filing as a motion for leave of court to file a motion for reconsideration.
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Plaintiff moves for reconsideration for the Court to consider dispositive legal arguments that he alleges the Court failed to consider initially with regard to the motion. The Court considered the arguments now raised when considering Plaintiff's opposition to the motion for disqualification and found them unpersuasive. It finds them similarly unpersuasive in the context of the motion to reconsider. Plaintiff may not move for reconsideration on the basis of any written or oral argument previously asserted to the Court. Civ. L.R. 7-9(c). Accordingly, Plaintiff's motion for leave to file a motion for reconsideration is DENIED. Lastly, the hearing on Defendant's motion to dismiss is set for February 6, 2009 at 9:00 a.m. The last day to file an opposition is January 23, 2009. A reply brief shall be filed by no later than January 30, 2009. Failure to timely oppose the motion shall result in dismissal of this action.

United States District Court

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For the Northern District of California

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 IT IS SO ORDERED. Dated: January 13, 2009 JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE

1 2 3 4 5 6 7 8 9 10 AKAN BOYD, Plaintiff, v.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Case Number: CV08-04129 JSW CERTIFICATE OF SERVICE

CONTRA COSTA COMMUNITY COLLEGE DISTRICT et al, Defendant. /

United States District Court

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For the Northern District of California

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on January 13, 2009, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office.

Akan Boyd 4014 Martin Luther King Jr. Way Oakland, CA 94690 Dated: January 13, 2009

Richard W. Wieking, Clerk By: Jennifer Ottolini, Deputy Clerk