Blackwell v. Robinson et al

Filing 62

ORDER RE: MOTION TO RECONSIDER CONTRACT ARBITRATION ORDER re 59 Supplemental Brief, MOTION to Reconsider Contract Arbitration Order, filed by Steven Diez Blackwell. Signed by Judge Jon S. Tigar on May 17, 2013. (wsn, COURT STAFF) (Filed on 5/17/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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STEVEN DIEZ BLACKWELL,

Case No. 12-cv-04329-JST

Plaintiff,
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v.
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STEVEN ROBINSON, et al.,

United States District Court
Northern District of California

Defendants.

ORDER RE: MOTION TO
RECONSIDER CONTRACT
ARBITRATION ORDER
Re: Dkt. No. 59

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Before the Court is Plaintiff Steven Blackwell’s Motion to Reconsider Contract Arbitration

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Order, ECF No. 59. Civil Local Rule 7-9(a) requires parties to obtain leave of court to file a

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motion for reconsideration. A motion for leave to file a motion for reconsideration must

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specifically show:

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1.

That at the time of the motion for leave, a material difference in fact or law
exists from that which was presented to the Court before entry of the
interlocutory order for which reconsideration is sought. The party also must
show that in the exercise of reasonable diligence the party applying for
reconsideration did not know such fact or law at the time of the
interlocutory order; or

2.

The emergence of new material facts or a change of law occurring after the
time of such order; or

3.

A manifest failure by the Court to consider material facts or dispositive
legal arguments which were presented to the Court before such
interlocutory order.

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N.D. Cal. Civil L.R. 7-9(b). In addition, the motion for leave may not “repeat any oral or written

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argument made by the applying party . . . in opposition to the interlocutory order which the party

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now seeks to have reconsidered. Any party who violates this restriction shall be subject to

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//

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appropriate sanctions.” N.D. Cal. Civil L.R. 7-9(c).
Plaintiff did not file a motion for leave to file the Motion to Reconsider Contract
Arbitration Order. Plaintiff’s motion is therefore DENIED.
IT IS SO ORDERED.
Dated: May 17, 2013

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______________________________________
JON S. TIGAR
United States District Judge

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United States District Court
Northern District of California

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