Southern California Gas Company v. Syntellect, Inc.
Filing
91
ORDER Denying Syntellect's 82 Motion for Reconsideration. Signed by Judge Roger T. Benitez on 7/25/2011. (All non-registered users served via U.S. Mail Service)(knh)
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UNITED STATES DISTRICT COURT
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SOUTHERN DISTRICT OF CALIFORNIA
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SOUTHERN CALIFORNIA GAS
COMPANY, a California corporation,
CASE NO. 08cv941 BEN (NLS)
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Plaintiff,
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vs.
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SYNTELLECT, INC., a Delaware
corporation,
ORDER DENYING
SYNTELLECT’S MOTION FOR
RECONSIDERATION
Defendant.
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SYNTELLECT, INC., a Delaware
corporation,
Counterclaimant,
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SOUTHERN CALIFORNIA GAS
COMPANY, a California corporation,
Counterdefendant.
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-1-
08cv0941
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Syntellect, Inc., moves for reconsideration of the order on the cross motions for summary
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judgment. Reconsideration of a previous order is an “extraordinary remedy, to be used sparingly
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in the interests of finality and conservation of judicial resources.” Carroll v. Nakatani, 342 F.3d
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934, 945 (9th Cir. 2003). “[A] motion for reconsideration should not be granted, absent highly
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unusual circumstances, unless the district court is presented with newly discovered evidence,
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committed clear error, or if there is an intervening change in the controlling law.” Id. (quoting
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Kona Enters., Inc. v. Estate of Bishop, 229 877, 890 (9th Cir. 2000)).
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The fact that the opinion by the United States District Court for the Southern District of
Alabama was vacated in accordance with a stipulation of the parties (one of which was Syntellect),
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does not constitute an intervening change in controlling law, as Syntellect asserts. The decision
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was not controlling. Moreover, its reasoning has not lost its persuasive force. Syntellect also
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argues that this Court made a decision “outside the adversarial issues presented to the court.” It
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did not. Finally, the Court declines the invitation of Southern California Gas Company to order
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Syntellect to show cause why it should not be sanctioned pursuant to 28 U.S.C. § 1927 for filing
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the motion for reconsideration.
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The motion for reconsideration is denied.
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IT IS SO ORDERED.
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DATED: July 25, 2011
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Hon. Roger T. Benitez
United States District Judge
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08cv0941
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