Wagafe et al v. United States Citizenship and Immigration Services et al

Filing 85

ORDER denying Defendants' 73 Motion to Reconsideration Class Certification, signed by Judge Richard A Jones. (SWT)

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THE HONORABLE RICHARD A. JONES

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UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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CASE NO. 2:17-cv-00094-RAJ

12 ABDIQAFAR WAGAFE, et al., on
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situated,
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Plaintiffs,
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v.
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DONALD TRUMP, President of the
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United States, et al.,
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Defendants.
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ORDER

This matter comes before the Court on Defendants’ Motion to Reconsider Class
Certification. Dkt. # 73. Plaintiffs oppose the motion. Having reviewed the briefs,
relevant portions of the record, and the applicable law, the Court DENIES Defendants’

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Motion.
“Motions for reconsideration are disfavored.” LCR 7(h)(1). “The court will
ordinarily deny such motions in the absence of a showing of manifest error in the prior

27 ruling or a showing of new facts or legal authority which could not have been brought to
28 its attention earlier with reasonable diligence.” Id.

ORDER-1

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Defendants do not meet this standard. Defendants’ motion reargues its position
that the Court should not certify the class—a position the Court rejected. Defendants
couch their motion in terms of the Court’s manifest errors but in reality the motion argues
that the Court should revisit its conclusions. Parties cannot use motions for
reconsideration to simply obtain a second bite at the apple, and this is what Defendants

7 appear to be doing with this motion. For these reasons, the Court DENIES the motion.
8 Dkt. # 73.
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Dated this 16th day of August, 2017.

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A

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The Honorable Richard A. Jones
United States District Judge

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ORDER-2