J&J Sports Productions, Inc. v. Castillo

Filing 12

ORDER denying Plaintiff's 11 Motion to Alter or Amend Judgment. Signed by Judge Cynthia Bashant on 8/10/2015. (jah)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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J&J SPORTS PRODUCTIONS, INC.,

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Plaintiff,

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v.

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Case No. 14-cv-02391-BAS(RBB)
ORDER DENYING PLAINTIFF’S
MOTION TO ALTER OR
AMEND JUDGMENT
(ECF No. 11)

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ABRAHAM CASTILLO, individually
and dba CHIVAS DE
GUADALJARA BIRREIRIA,

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Defendants.

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On June 9, 2015, the Court issued an order granting Plaintiff’s motion for

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default judgment. (ECF No. 9.) The Clerk of Court entered judgment on the same

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day. (ECF No. 10.) On July 7, 2015, Plaintiff filed a motion to alter or amend the

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judgment under Rule 59(e) of the Federal Rules of Civil Procedure. (ECF No. 11.)

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No opposition was filed. For the following reasons, the Court DENIES Plaintiff’s

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motion.

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I.

LEGAL STANDARD

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Rule 59(e) permits a party to file a motion to alter or amend a judgment “no

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later than 28 days after the entry of the judgment.” Fed. R. Civ. P. 59(e). “Although

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Rule 59(e) permits a district court to reconsider and amend a previous order, the rule

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offers an extraordinary remedy, to be used sparingly in the interests of finality and
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conservation of judicial resources.” Kona Enters., Inc. v. Estate of Bishop, 229 F.3d

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877, 890 (9th Cir. 2000) (internal quotation marks and citation omitted).

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“Reconsideration is appropriate if the district court (1) is presented with newly

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discovered evidence, (2) committed clear error or the initial decision was manifestly

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unjust, or (3) if there is an intervening change in controlling law.” Sch. Dist. No. 1J,

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Multnomah Cnty. v. ACandS, Inc., 5 F.3d 1255, 1263 (9th Cir. 1993); see also Allstate

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Ins. Co. v. Herron, 634 F.3d 1101, 1111 (9th Cir. 2011); Kona Enters., Inc., 229 F.3d

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at 890. However, a Rule 59(e) motion for reconsideration may not be used to raise

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arguments or present evidence for the first time when they could reasonably have been

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raised earlier in the litigation. Kona Enters., Inc., 229 F.3d at 890. It does not give

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parties a “second bite at the apple.” See Weeks v. Bayer, 246 F.3d 1231, 1236-37 (9th

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Cir. 2001). “[A]fter thoughts” or “shifting of ground” do not constitute an appropriate

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basis for reconsideration. Ausmus v. Lexington Ins. Co., No. 08-CV-2342-L, 2009

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WL 2058549, at *2 (S.D. Cal. July 15, 2009) (Lorenz, J.).

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II.

DISCUSSION

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Plaintiff first argues reconsideration is appropriate because the Court’s award

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of $1,000 in statutory damages “is insufficient to function as an effective deterrent.”

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(ECF No. 11-1 (“Mot.”) at pp. 3-4.)

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appropriate because the Court relied, in part, on Northern District of California cases

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awarding minimal damages, which “are out of sync with other districts in the United

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States.” (Id. at pp. 5-7.) Lastly, Plaintiff argues reconsideration is proper because,

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although the Court exercised its discretion to deny enhanced damages, there exists

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legal and factual authority to make such an award. (Id. at pp. 8-10.)

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The Court finds Plaintiff’s arguments unpersuasive.

Next, Plaintiff argues reconsideration is

While Plaintiff may

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disagree with the Court’s award, Plaintiff does not present any newly discovered

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evidence or demonstrate that the Court committed clear error, its decision was

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manifestly unjust, or that there was an intervening change in controlling law. Rule

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59(e) is “an extraordinary remedy” and the Court does not find it appropriate to grant
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such relief in this case. See Kona Enters., Inc., 229 F.3d at 890. Accordingly,

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Plaintiff’s motion to alter or amend the judgment under Rule 59(e) is denied.

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III.

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CONCLUSION & ORDER
Because Plaintiff fails to demonstrate entitlement to reconsideration, the Court

DENIES the motion to alter or amend the judgment. (ECF No. 11.)
IT IS SO ORDERED.

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DATED: August 10, 2015

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