Gray v. Suttell & Associates, P.S. et al

Filing 617

ORDER DENYING 614 PLAINTIFF'S MOTION FOR RECONSIDERATION. Signed by Judge Stanley A Bastian. (AY, Case Administrator)

FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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Dec 15, 2017

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SEAN F. MCAVOY, CLERK

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF WASHINGTON

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9 KELLI GRAY, and all others similarly

No. 2:09-cv-00251-SAB

10 situated,
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Plaintiffs,

ORDER DENYING

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v.

PLAINTIFFS’ MOTION FOR

13 SUTTELL & ASSOCIATES, et al.,
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RECONSIDERATION

Defendants.

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16 EVA LAUBER, et al.,
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Plaintiffs,

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v.

19 ENCORE CAPITAL GROUP, INC., et al.,
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Defendants.

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Before the Court is Plaintiffs’ Motion for Reconsideration, ECF NO. 614.

22 The motion was heard without oral argument.
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Generally, motions for reconsideration are disfavored. See Carroll v.

24 Nakatani, 342 F.3d 934, 945 (9th Cir. 2003). Indeed, the Ninth Circuit has
25 instructed that Rule 59(e) is an “extraordinary remedy” that should not be granted,
26 absent highly unusual circumstances. Id. Such circumstances include where the
27 district court is presented with newly discovered evidence, committed clear error,
28 or if there is an intervening change in the controlling law. Id. (quoting Kona
ORDER DENYING
PLAINTIFFS MOTION FOR RECONSIDERATION ~ 1

1 Enterprises, Inc. v. Estate of Bishop, 229 F.3d 877, 890 (9th Cir. 2000)).
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Plaintiffs have not demonstrated they are entitled to such extraordinary

3 relief. They have not presented the Court with newly discovered evidence, shown
4 that there is an intervening change in the controlling law, or convinced the Court
5 that it committed clear error. More importantly, they did not challenge the Court’s
6 findings that permitting Plaintiffs to file a second amended complaint would
7 substantially prejudice the Suttell Defendants.
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Accordingly, IT IS HEREBY ORDERED:

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1. Plaintiffs’ Motion for Reconsideration, ECF No. 614, is DENIED.

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IT IS SO ORDERED. The Clerk of Court is directed to enter this Order

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DATED this 15th day of December 2017.

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Stanley A. Bastian

United States District Judge

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ORDER DENYING
PLAINTIFFS MOTION FOR RECONSIDERATION ~ 2