Patel v. Smith

Filing 144

ORDER denying 141 Motion to Reopen Case. Signed by Magistrate Judge Carl W. Hoffman on 3/6/2015. (Copies have been distributed pursuant to the NEF - DKJ)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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DEBRA JENE PATEL-JULSON,

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Plaintiff,
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vs.
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PAUL SMITH LAS VEGAS, INC,
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Defendant.
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__________________________________________)

Case No. 2:12-cv-01023-CWH
ORDER

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This matter is before the Court on Plaintiff’s Second Motion to Reopen (#141), filed February
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23, 2015.
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Plaintiff proceeded in this matter in forma pauperis and litigated the case pro se. The Court has
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repeatedly acknowledged the need to broadly construe pleadings and other filings submitted by Plaintiff.
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Nevertheless, even pro se litigants must comply with the Federal Rules of Civil Procedure. King v.
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Atiyeh, 814 F.2d 565, 567 (9th Cir.1987); see also Jacobsen v. Filler, 790 F.2d 1362, 1364 (9th
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Cir.1986) (“pro se litigants in the ordinary civil case should not be treated more favorable than parties
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with attorneys of record”); Carter v. Comm'r of Internal Revenue, 784 F.2d 1006, 1008 (9th Cir.1986)
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(pro se litigants expected to abide by the rules of the court in which litigation proceeds).
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This is Plaintiff’s second motion to reopen the case and, like the first request, will be denied.
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Where a ruling has resulted in final judgment or order, a motion for reconsideration may be construed
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either as a motion to alter or amend judgment pursuant to Federal Rule of Civil Procedure 59(e), or as a
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motion for relief from judgment pursuant to Federal Rule 60(b). School Dist. No. 1J Multnomah County
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v. AC&S, Inc., 5 F.3d 1255, 1262 (9th Cir. 1993), cert. denied 512 U.S. 1236 (1994). Pursuant to Fed.
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R. Civ. P. 60(b), a court may relieve a party from final judgment or order for the following:

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(1) mistake, inadvertence, surprise, or excusable neglect;

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(2) newly discovered evidence that, with reasonable diligence, could not have been discovered in
time to move for a new trial under Rule 59(b);

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(3) fraud (whether heretofore denominated intrinsic or extrinsic),
misrepresentation, or misconduct by an opposing party;

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(4) the judgment is void;

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(5) the judgment has been satisfied, released, or discharged; it is based on an earlier judgment
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.
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Motions to reconsider are generally left to the discretion of the trial court, see Combs v. Nick Garin
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Trucking, 825 F.2d 437, 441 (D.C. Cir. 1987), and, in order to succeed on a motion to reconsider, a party
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must set forth facts or law of a strongly convincing nature to induce the court to reverse its prior
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decision. See Kern-Tulare Water Dist. v. City of Bakersfield, 634 F. Supp. 656, 665 (E.D. Cal. 1986),
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aff’d in part and rev’d in part on other grounds 828 F.2d 514 (9th Cir. 1987). Rule 59(e) of the Federal
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Rules of Civil Procedure provides that any “motion to alter or amend a judgment shall be filed no later
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than 28 days after entry of the judgment.” A motion under Fed. R. Civ. P. 59(e) “should not be granted,
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absent highly unusual circumstances, unless the district court is presented with newly discovered
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evidence, committed clear error, or if there is an intervening change in the controlling law.” Herbst v.
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Cook, 260 F.3d 1039, 1044 (9th Cir. 2001), quoting McDowell v. Calderon, 197 F.3d 1253, 1255 (9th
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Cir. 1999).
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A motion for reconsideration is properly denied when the movant fails to establish any reason
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justifying relief. Backlund v. Barnhart, 778 F.2d 1386, 1388 (9th Cir.1985). A motion for
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reconsideration should not merely present arguments previously raised; that is, a motion for
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reconsideration is not a vehicle permitting the unsuccessful party to reiterate arguments previously
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presented. See Merozoite v. Thorp, 52 F.3d 252, 255 (9th Cir.1995); Khan v. Fasano, 194 F.Supp.2d
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1134, 1136 (S.D.Cal.2001) (“A party cannot have relief under this rule merely because he or she is
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unhappy with the judgment.”).
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Here, Plaintiff continues to contend that the case should be reopened because the evidence
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submitted in support of Defendant’s motion for summary judgment was fraudulent. However, there is
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nothing in the motion or record to support Plaintiff’s contention and there is nothing submitted that

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would support reconsideration of the order on summary judgment or reopening the case. The arguments

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raised in this motion are simply restatements of arguments already considered, or statements of

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disagreement by Plaintiff with how the information and evidence was treated in the order on summary

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judgment. Again, merely disagreeing or being unhappy with the decision is not adequate grounds for

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reconsideration. Accordingly,

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IT IS HEREBY ORDERED that Plaintiff’s Motion to Reopen (#141) is denied.

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DATED: March 6, 2015.

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______________________________________
C.W. Hoffman, Jr.
United States Magistrate Judge

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