Carrillo v. Gillespie et al
Filing
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ORDER Denying 98 Plaintiff's Motion for Reconsideration. Signed by Judge Jennifer A. Dorsey on 11/6/2013. (Copies have been distributed pursuant to the NEF - SLD)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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Gilberto Carillo,
Plaintiff
v.
Douglas Gillespie et al.,
Case No.: 2:12-cv-02165-JAD-VCF
Order Denying Motion for
Reconsideration [Doc. 98]
Defendants
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Before the Court is Plaintiff’s Motion for Reconsideration, Doc. 98, asking the Court to
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reconsider the Order denying appointed counsel that was entered May 6, 2013. Doc. 43.
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Defendants oppose Plaintiff’s Motion Doc. 101.
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Motions for reconsideration are not expressly authorized in the Federal Rules of Civil
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Procedure, but district courts may grant them under Rule 59(e). See Sch. Dist. No. 1J, Multnomah
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Cnty. v. ACandS, Inc., 179 F.3d 656, 665 (9th Cir. 1999). Reconsideration is only warranted when:
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(1) the movant presents newly discovered evidence, (2) the district court committed clear error or
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the initial ruling was manifestly unjust, or (3) there is an intervening change in controlling law. Id.
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(citing All Haw. Tours, Corp. v. Polynesian Cultural Ctr., 116 F.R.D. 645, 648 (D. Haw. 1987)).
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Although reconsideration may also be warranted under other highly unusual circumstances, it is well
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recognized as an “extraordinary remedy, to be used sparingly in the interests of finality and
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conservation of judicial resources.” Carroll v. Nakatani, 342 F.3d 934, 945 (9th Cir. 2007) (quoting
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12 James Wm. Moore et al., Moore’s Federal Practice § 59.30[4] (3d ed. 2000)).
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The Court finds no new evidence, clear error or manifest injustice, or intervening change in
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law that would warrant reconsideration of the order he now challenges.
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Accordingly, and with good cause appearing:
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It is hereby ORDERED that Plaintiff’s Motion for Reconsideration [Doc. 98] is DENIED.
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DATED November 6, 2013.
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_________________________________
JENNIFER A. DORSEY
UNITED STATES DISTRICT JUDGE
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