Rutenburg v. Twitter, Inc. et al

Filing 28

ORDER by Judge Yvonne Gonzalez Rogers denying 27 Second Motion for Leave to File Second Amended Complaint. (fs, COURT STAFF) (Filed on 6/22/2021)

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1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 MARIA RUTENBURG, Plaintiff, 5 6 7 8 v. TWITTER, INC., Case No. 4:21-cv-00548-YGR ORDER DENYING SECOND MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT Re: Dkt. No. 27 Defendant. 9 10 The Court previously dismissed this case for lack of subject matter jurisdiction (Dkt. No. United States District Court Northern District of California 11 21), denied plaintiff Maria Rutenburg’s first motion for leave to file a second amended complaint 12 (Dkt. No. 25), and subsequently entered judgment in this action. (Dkt. No. 26.) Now before the 13 Court is Rutenburg’s second motion for leave to file a second amended complaint, filed post 14 judgment. (Dkt. No. 27.) Having reviewed the motion as well as the docket of this action, the 15 second motion for leave to file a second amended complaint is DENIED. 16 Rutenburg’s second motion is nothing more than an improper motion for reconsideration 17 of the Court’s earlier decisions. (See N.D. Cal. L.R. 7-9.) Specifically, Rutenburg does not 18 demonstrate any (1) material difference now in fact or law, (2) the emergence of new material 19 facts or a change in law occurring after the time of the orders, or (3) a manifest failure of the 20 Court to consider material facts or dispositive legal arguments which were previously presented. 21 The second motion is otherwise appropriately denied under the grounds and reasoning previously 22 articulated by the Court in the prior orders. (See Dkt. Nos. 21, 25.) 23 Accordingly, the second motion for leave to file a second amended complaint is DENIED. 24 This Order terminates Docket Number 27. 25 IT IS SO ORDERED. 26 Dated: June 22, 2021 27 28 YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT JUDGE

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