McGary et al v. Inslee et al

Filing 30

ORDER DENYING 25 MOTION UNDER 60 EXCUSABLE NEGLECT/FRAUD. The file remains CLOSED. Signed by Judge Thomas O. Rice. (WMK, Case Administrator) (Service of Notice on parties not registered as users of the Court CM/ECF system accomplished via USPS mail.)

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

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Nov 25, 2024

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SEAN F. MCAVOY, CLERK

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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DARNELL MCGARY, and
KRISTIN ELIZABETH MCGARY,
Deceased,

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Plaintiffs,

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v.

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NO. 2:24-CV-0135-TOR
ORDER DENYING MOTION
UNDER 60 EXCUSABLE
NEGLECT/FRAUD

JAY INSLEE, Governor, State of
Washington, SUSAN DRYFUS,
Department of Social and Health
Service, BOB FERGUSON, Attorney
General, JAMES NAGLE, Walla
Walla County Prosecutor, JUDSON
GRAY, Personal Representative,
Estate of McGary,

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Defendants.

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ORDER DENYING MOTION UNDER 60 EXCUSABLE NEGLECT/FRAUD ~ 1

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BEFORE THE COURT is Plaintiff’s Motion Under 60 Excusable

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Neglect/Fraud. ECF No. 25. The Court has reviewed the record and files herein

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and is fully informed.

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A motion for reconsideration of a judgment may be reviewed under either

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Federal Rule of Civil Procedure 59(e) (motion to alter or amend a judgment) or

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Rule 60(b) (relief from judgment). Sch. Dist. No. 1J v. ACandS, Inc., 5 F.3d 1255,

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1262 (9th Cir. 1993). “Reconsideration is appropriate if the district court (1) is

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presented with newly discovered evidence, (2) committed clear error or the initial

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decision was manifestly unjust, or (3) if there is an intervening change in

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controlling law.” Id. at 1263; United Nat. Ins. Co. v. Spectrum Worldwide, Inc.,

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555 F.3d 772, 780 (9th Cir. 2009) (citation omitted). Whether to grant a motion

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for reconsideration is within the sound discretion of the court. Navajo Nation v.

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Confederated Tribes and Bands of the Yakima Nation, 331 F.3d 1041, 1046 (9th

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Cir. 2003).

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Given the Court’s lengthy explanation at ECF No. 22, and Plaintiff’s failure

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to raise any legitimate issues, the Court DENIES Plaintiff’s motion.

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ACCORDINGLY, IT IS HEREBY ORDERED:

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1. Plaintiff’s Motion Under 60 Excusable Neglect/Fraud, ECF No. 25, is
DENIED.
2. The file remains CLOSED.

ORDER DENYING MOTION UNDER 60 EXCUSABLE NEGLECT/FRAUD ~ 2

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The District Court Executive is directed to enter this Order and furnish

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copies to counsel and Plaintiff at:

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Darnell McGary
P.O. Box 35163
Alburquerque, NM 87110

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DATED November 25, 2024.

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THOMAS O. RICE
United States District Judge

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ORDER DENYING MOTION UNDER 60 EXCUSABLE NEGLECT/FRAUD ~ 3