Cavett v. Commissioner Social Security Administration

Filing 21

OPINION AND ORDER: The Commissioner's Motion to Correct/Amend Judgment 19 is DENIED. Signed on 12/31/2020 by Judge Ann L. Aiken. (ck)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

PAUL C.,1

Case No. 6:18-cv-00369-AA
OPINION AND ORDER
Plaintiff,

vs.
ANDREW SAUL, Commissioner of
Social Security,
Defendant.

AIKEN, District Judge:
Before the Court is the Commissioner of Social Security’s (“Commissioner”)
motion for an order altering the Court’s Opinion, Order, and Judgment remanding
this matter for further administrative proceedings (docs. 17, 18).
Rule 59(e) of the Federal Rules of Civil Procedure permits district courts to
reconsider and amend a previous order or judgment, but reconsideration is an
“extraordinary remedy, to be used sparingly in the interests of finality and

1 In the interest of privacy, this opinion uses only the first name and the initial of the last
name of the non-governmental party or parties in this case.

Page 1 – OPINION AND ORDER

conservation of judicial resources.”

Kona Enters., Inc. v. Estate of Bishop,

reconsideration, 890 (9th Cir. 2000). Indeed, “a motion for reconsideration should not
be granted, absent highly unusual circumstances, unless the district court is
presented with newly discovered evidence, committed clear error, or if there is an
intervening change in the controlling law.”

Id. Here, the Commissioner seeks

reconsideration based on clear error. Having reviewed the previous Opinion and
Order, the Commissioner’s Motion, and the related briefing, the Court finds that the
Commissioner’s motion does not present grounds for the extraordinary remedy of
reconsideration.
The Commissioner’s Motion to Correct/Amend Judgment (doc. 19) is
DENIED.
IT IS SO ORDERED.
31st
Dated this _____ day of December 2020.

/s/Ann Aiken
__________________________
Ann Aiken
United States District Judge

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