Lemberg v. San Francisco Opera Association

Filing 18

ORDER DENYING PLAINTIFF'S MOTION FOR RECONSIDERATION. Signed by Judge Maxine M. Chesney on 12/07/2017. (mmclc2, COURT STAFF) (Filed on 12/7/2017) (Additional attachment(s) added on 12/7/2017: # 1 Certificate/Proof of Service) (tlS, COURT STAFF).

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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ANN LEMBERG,
Plaintiff,

United States District Court
Northern District of California

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Case No. 17-cv-06641-MMC
ORDER DENYING PLAINTIFF'S
MOTION FOR RECONSIDERATION

v.
SAN FRANCISCO OPERA
ASSOCIATION,

Re: Dkt. No. 17

Defendant.
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Before the Court is plaintiff Ann Lemberg’s “Motion for Reconsideration of

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Injunction Barring Performance of Girls of the Golden West at San Francisco Opera,”

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filed December 1, 2017.

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Pursuant to the Civil Local Rules of this District, “[n]o party may notice a motion for

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reconsideration without first obtaining leave of Court to file the motion.” See Civil L.R. 7-

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9(a). Plaintiff has neither sought nor obtained such leave.

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Moreover, a party seeking reconsideration must show one of the following grounds

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for such relief pertains: (1) “a material difference in fact or law exists from that which was

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presented to the Court before entry of the [challenged] order,” and the party seeking

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reconsideration could not, with “reasonable diligence,” have known of such fact or law at

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the time of the order; (2) the “emergence of new material facts or a change of law

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occurring after the time of such order”; (3) a “manifest failure by the Court to consider

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material facts or dispositive legal arguments which were presented to the Court before

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such . . . order.” See Civil L.R. 7-9(b). Plaintiff has made no showing as to any of the

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above grounds for reconsideration.

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Accordingly, the motion is hereby DENIED.

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IT IS SO ORDERED.

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Dated: December 7, 2017
MAXINE M. CHESNEY
United States District Judge

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United States District Court
Northern District of California

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