Hupe v. Mani et al

Filing 18

ORDER Denying 16 Motion for District Judge to Reconsider Order. Signed by Chief Judge Gloria M. Navarro on 3/24/17. (Copies have been distributed pursuant to the NEF - ADR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ADAM HUPE,
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Plaintiff,

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vs.

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PHILIP C. MANI, an individual; RADIANT
POINT LTD, a Texas limited company,

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Defendants.

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Case No.: 2:16-cv-00533-GMN-VCF
ORDER

Pending before the Court is the Motion for Reconsideration, (ECF No. 16), filed by

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Plaintiff Adam Hupe (“Plaintiff”). Defendants Philip C. Mani and Radiant Point, Ltd.

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(collectively “Defendants”) filed a Response, (ECF No. 17), and Plaintiff did not file a Reply.

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For the reasons set forth herein, Plaintiff’s Motion for Reconsideration is DENIED.

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I.

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BACKGROUND
Plaintiff filed his Complaint on March 9, 2016, alleging claims of breach of contract and

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breach of the implied covenant of good faith and fair dealing. (Compl., ¶¶ 25–40, ECF No. 1).

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On April 1, 2016, Defendants filed a Motion to Dismiss pursuant to Federal Rule of Civil

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Procedure 12(b)(2), arguing that Plaintiff failed to establish the minimum contacts necessary to

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sustain personal jurisdiction over Defendants in Nevada. (Mot. to Dismiss 7:14–16, ECF No.

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8). On July 12, 2016, the Court granted Defendants’ Motion to Dismiss. (Order, ECF No. 14).

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In the instant Motion, Plaintiff seeks reconsideration on this issue, asserting that new evidence

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establishes the necessary minimum contacts for jurisdiction. (Pl.’s Mot. for Reconsideration

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2:1–3, ECF No. 16).

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II.

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LEGAL STANDARD
Federal Rule of Civil Procedure 60(b) permits a court to set aside its order for the

following reasons:

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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

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discovered in time to move for a new trial under Rule 59(b);

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fraud;

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4)

the judgment is void;

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5)

the judgment has been satisfied released or discharged; or

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6)

any other reason that justifies relief.

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The Ninth Circuit has limited the grounds for reconsideration into three primary

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categories: 1) newly discovered evidence; 2) the need to correct clear error or prevent manifest

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injustice; or 3) an intervening change in controlling law. Zimmerman v. City of Oakland, 255

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F.3d 734, 740 (9th Cir. 2001). In general, “a motion for reconsideration should not be granted,

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absent highly unusual circumstances.” Carroll v. Nakatani, 342 F.3d 934, 945 (9th Cir. 2003).

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III.

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DISCUSSION
Plaintiff argues that reconsideration is warranted based on a number of new factual

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assertions. It is well established that a 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 raised

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earlier in the litigation.” Marylyn Nutraceuticals, Inc. v. Mucos Pharma GmbH & Co., 571 F.3d

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873, 880 (9th Cir. 2009); see also Coastal Transfer Co. v. Toyota Motor Sales, U.S.A., Inc., 833

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F.2d 208, 212 (9th Cir. 1987) (stating that evidence in the possession of the party before the

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judgment was rendered is not newly discovered). Here, Plaintiff has failed to demonstrate how

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his assertions constitute “newly discovered evidence” for purposes of reconsideration. To the

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Page 2 of 3

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contrary, Plaintiff’s assertions are based almost entirely on his own personal knowledge and

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could have been raised in response to the original Motion to Dismiss.

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Accordingly,

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IT IS HEREBY ORDERED that Plaintiff’s Motion for Reconsideration, (ECF No. 16),

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is DENIED.
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DATED this _____ day of March, 2017.

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___________________________________
Gloria M. Navarro, Chief Judge
United States District Judge

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