Sunrise Specialty Company, Inc. v. Scottsdale Insurance Company,
Filing
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ORDER by Judge Haywood S. Gilliam, Jr. DENYING 33 MOTION FOR LEAVE TO FILE MOTION FOR RECONSIDERATION.(ndrS, COURT STAFF) (Filed on 10/3/2016)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SUNRISE SPECIALTY COMPANY, INC.,
et al.,
Plaintiffs,
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v.
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SCOTTSDALE INSURANCE COMPANY,
ORDER DENYING MOTION FOR
LEAVE TO FILE MOTION FOR
RECONSIDERATION
Re: Dkt. No. 33
Defendant.
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United States District Court
Northern District of California
Case No. 16-cv-01461-HSG
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Pending before the Court is Plaintiffs’ motion for leave to file a motion for reconsideration.
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Dkt. No. 33. For the reasons articulated below, the motion is DENIED.
I.
BACKGROUND
On September 26, 2016, the Court issued an order denying Plaintiffs’ motion for partial
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summary judgment and granting Defendant’s motion for summary judgment. Dkt. No. 31. The
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order directed the clerk to enter judgment in favor of Defendant and close the case. Id. at 10. That
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same day, the clerk entered judgment for Defendant and closed the action. Dkt. No. 32.
On September 29, 2016, Plaintiffs filed a motion for leave to file a motion for
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reconsideration under Civil Local Rule 7-9 and Federal Rule of Civil Procedure 59(e). Dkt. No.
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33. In their motion, Plaintiffs seek leave to submit “relevant case authority” that “was not
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previously provided.” Id. at 1.
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II.
DISCUSSION
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A.
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Civil Local Rule 7-9 states, “Before the entry of a judgment adjudicating all of the claims
Legal Standard
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and the rights and liabilities of all the parties in a case, any party may make a motion before a
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Judge requesting that the Judge grant the party leave to file a motion for reconsideration of any
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interlocutory order on any ground set forth in Civil L.R. 7-9 (b).”
“There are four grounds upon which a Rule 59(e) motion may be granted: 1) the motion is
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necessary to correct manifest errors of law or fact upon which the judgment is based; 2) the
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moving party presents newly discovered or previously unavailable evidence; 3) the motion is
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necessary to prevent manifest injustice; or 4) there is an intervening change in controlling law.”
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Turner v. Burlington N. Santa Fe R. Co., 338 F.3d 1058, 1063 (9th Cir. 2003) (internal quotations
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and citations omitted). Rule 59(e) is an “extraordinary remedy” that cannot be used to “relitigate
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old matters, or to raise arguments or present evidence that could have been raised prior to the entry
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of judgment.” Exxon Shipping Co. v. Baker, 554 U.S. 471, 486 n. 5 (2008); Kona Enterprises,
Inc. v. Estate of Bishop, 229 F.3d 877, 890 (9th Cir. 2000). Further, “[a] district court has
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United States District Court
Northern District of California
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considerable discretion when considering a motion to amend a judgment under Rule 59(e).”
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Turner, 338 F.3d at 1063 (9th Cir. 2003).
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B.
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Plaintiffs’ motion is improper under both Local Rule 7-9 and Rule 59(e). Local Rule 7-9
Analysis
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permits a party to file a motion for leave to file a motion for reconsideration “[b]efore the entry of
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a judgment adjudicating all of the claims and the rights and liabilities of all the parties in a case.”
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Here, the Court has already granted Defendant’s motion for summary judgment in its entirety,
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entered judgment in favor of Defendant, and closed the case. See Dkt. Nos. 31, 32. Accordingly,
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the Court DENIES Plaintiffs’ motion under Local Rule 7-9.
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Under Federal Rule of Civil Procedure 59(e), a party may not bring a motion for
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reconsideration to “relitigate old matters, or to raise arguments or present evidence that could have
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been raised prior to the entry of judgment.” Exxon Shipping Co., 554 U.S. at 486 n. 5; Kona
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Enterprises, Inc., 229 F.3d at 890. Plaintiffs concede that they seek to submit a motion for
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reconsideration in order to submit “relevant case authority” that “was not previously provided.”
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Dkt. No. 33 at 1. The Court declines to exercise its discretion to consider arguments that Plaintiffs
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admittedly could have raised in their summary judgment briefing. As such, the Court also
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DENIES Plaintiffs’ motion under Federal Rule of Civil Procedure 59(e).
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III.
CONCLUSION
For the aforementioned reasons, the Court DENIES Plaintiffs’ motion for leave to file a
motion for reconsideration. Dkt. No. 33.
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IT IS SO ORDERED.
Dated: 10/3/2016
______________________________________
HAYWOOD S. GILLIAM, JR.
United States District Judge
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United States District Court
Northern District of California
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