Shetty v. Cisco et al

Filing 16

ORDER by Judge Hamilton denying 15 Motion to Vacate Judgment. (pjhlc1, COURT STAFF) (Filed on 5/24/2017) (Additional attachment(s) added on 5/24/2017: # 1 Certificate/Proof of Service) (kcS, COURT STAFF).

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SHRUTI SHETTY,

v.

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ORDER DENYING MOTION TO
VACATE

CISCO, et al.,
Defendants.

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United States District Court
Northern District of California

Case No. 17-cv-0933-PJH

Plaintiff,

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On April 7, 2017, the court dismissed the above-entitled action for failure to state a

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claim, with leave to amend. The court ordered that the amended complaint be filed no

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later than May 10, 2017. Plaintiff failed file an amended complaint by that date. On May

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12, 2017, the court dismissed the case and entered judgment. On May 16, 2017, plaintiff

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filed a “motion to not dismiss case.” The court denied the motion, as the case was

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already dismissed. On May 22, 2017, plaintiff filed a motion to vacate the judgment. The

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court interprets the motion as a motion for reconsideration of the order dismissing the

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case.

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A motion to reconsider a final appealable order is appropriately brought under

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Federal Rule of Civil Procedure 59(e) or 60(b). Fuller v. M.G. Jewelry, 950 F.2d 1437,

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1442 (9th Cir. 1991). Reconsideration is an “extraordinary remedy, to be used sparingly

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in the interests of finality and conservation of judicial resources.” Kona Enters., Inc. v.

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Estate of Bishop, 229 F.3d 877, 890 (9th Cir. 2000); see also Allstate Ins. Co. v. Herron,

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634 F.3d 1101, 1111 (9th Cir. 2011). Motions for reconsideration should not be

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frequently made or freely granted. Twentieth Century-Fox Film Corp. v. Dunnahoo, 637

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F.2d 1338, 1341 (9th Cir.1980).
Under Rule 60(b), “the court may relieve a party . . . from a final judgment, order,

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or proceeding” for the following reasons: (1) mistake, inadvertence, surprise, or

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excusable neglect; (2) newly discovered evidence that, with reasonable diligence, could

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not have been discovered in time to move for a new trial under Rule 59(b); (3) fraud,

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misrepresentation, or misconduct by an opposing party; (4) the judgment is void; (5) the

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judgment has been satisfied, released, or discharged; it is based on an earlier judgment

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that has been reversed or vacated; or applying it prospectively is no longer equitable; or

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(6) any other reason that justifies relief. Fed. R. Civ. P. 60(b).

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Rule 59(e) allows a party to seek an order altering or amending a judgment. Rule

United States District Court
Northern District of California

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59(e) does not describe the conditions under which a court should reconsider a prior

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decision, but courts have determined that reconsideration under Rule 59(e) is appropriate

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“if the district court (1) is presented with newly discovered evidence, (2) committed a

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clear error or the initial decision was manifestly unjust, or (3) if there is an intervening

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change in controlling law." Sissoko v. Rocha, 440 F.3d 1145, 1153-54 (9th Cir. 2006).

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A motion for reconsideration "may not be used to relitigate old matters, or to raise

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arguments or present evidence that could have been raised prior to the entry of

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judgment." Exxon Shipping Co. v. Baker, 554 U.S. 471, 485 n.5 (2008) (referring to Rule

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59(e)); see also Casey v. Albertson's Inc., 362 F.3d 1254, 1259-61 (9th Cir. 2004)

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(referring to Rule 60(b)); Kona Enters, 229 F.3d at 890 (interpreting Rule 59(e)). The

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sole exception is when the court has committed "clear" or "manifest" error. However,

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mere disagreement with a court's order does not provide a basis for reconsideration.

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See McDowell v. Calderon, 197 F.3d 1253, 1256 (9th Cir. 1999).

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Here, plaintiff contends that “the matter was mailed before deadline on 11th May

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2017 from SF county but received by Oakland court a week after. Hence the motion filed

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date is reflected as 16th May 2017 as against 11th May 2017.” Plaintiff appears to be

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referring to the “motion to not dismiss case,” which was received and filed by the court on

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May 16, 2017.
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Plaintiff provides no evidence supporting her claim that she mailed the motion on

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May 11, 2017. More importantly, while the court found the motion largely

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incomprehensible, the court did carefully review it for any request for relief from the

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deadline for filing the amended complaint, but found none. It is also worth noting that in

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addition to failing to comply with the deadline for filing the amended complaint, plaintiff

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filed no objection to the March 20, 2017 report and recommendation, in which Magistrate

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Judge Beeler recommended that the complaint be dismissed with leave to amend.

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Plaintiff has articulated no basis for vacating the judgment, apart from a vague
suggestion that in her view, the complaint should not have been dismissed. The motion
is DENIED. The court will entertain no further motions in this case. The remaining

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United States District Court
Northern District of California

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motions listed on the caption of the motion to vacate are DENIED as moot.

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IT IS SO ORDERED.

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Dated: May 24, 2017

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__________________________________
PHYLLIS J. HAMILTON
United States District Judge

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