Congdon v. Wells Fargo Bank NA
Filing
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ORDER denying Plaintiff's 32 Motion to Alter or Amend the Judgment Pursuant to Rule 59(e), signed by Judge Robert S. Lasnik. (SWT)
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
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BRENDA CONGDON,
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Plaintiff,
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v.
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WELLS FARGO BANK, N.A., et al., )
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Defendants.
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_________________________________ )
CASE NO. C16-1629RSL
ORDER DENYING MOTION TO ALTER
OR AMEND JUDGMENT
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This matter comes before the Court on plaintiff’s “Notice of Motion and Motion to
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Alter or Amend the Judgment Pursuant to Rule 59(e).” Dkt. # 32. Having reviewed the
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memoranda submitted by the parties, the second proposed amended complaint, and the
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remainder of the record, the Court finds as follows:
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Under Rule 59(e), reconsideration of the Court’s substantive rulings is warranted only
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if “(1) the district court is presented with newly discovered evidence, (2) the district court
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committed clear error or make an initial decision that was manifestly unjust, or (3) there is an
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intervening change in controlling law.” United Nat. Ins. C. v. Spectrum Worldwide, Inc., 555
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F.3d 772, 780 (9th Cir. 2009). The rule “may not be used to raise arguments . . . for the first
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ORDER DENYING MOTION TO ALTER
OR AMEND JUDGMENT - 1
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time when they could reasonably have been raised earlier in the litigation.” Carroll v.
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Nakatani, 342 F.3d 934, 945 (9th Cir. 2003). Plaintiff’s arguments were either raised in her
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motion to amend the complaint (and considered when the Court denied that motion) or
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waived.
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The motion to alter or amend judgment is hereby DENIED.
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Dated this 24th day of August, 2017.
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Robert S. Lasnik
United States District Judge
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ORDER DENYING MOTION TO ALTER
OR AMEND JUDGMENT - 2
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