Diffley v. Nationstar Mortgage, LLC et al

Filing 35

ORDER denying Plaintiff's 33 Motion for Reconsideration. Signed by Judge Ricardo S Martinez. (PM)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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BRETT DIFFLEY,

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Plaintiff,

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v.
NATIONSTAR MORTGAGE LLC,
Defendant.

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)
) CASE NO. C17-1370 RSM
)
) ORDER DENYING PLAINTIFF’S
) MOTION FOR RECONSIDERATION
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)
)

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THIS MATTER comes before the Court on Plaintiff’s Motion for Reconsideration. Dkt.
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#33. Plaintiff asserts that the Court committed manifest error in its prior Order dismissing his

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Amended Complaint in part when the Court found that Plaintiff’s failure to meet his debt

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obligations was the “but for” cause of the default, and in dismissing his negligence claim against

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Defendant Nationstar. Id.

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“Motions for reconsideration are disfavored.” LCR 7(h). “The court will ordinarily deny

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such motions in the absence of a showing of manifest error in the prior ruling or a showing of

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new facts or legal authority which could not have been brought to its attention earlier with

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reasonable diligence.” LCR 7(h)(1). In this case, the Court is not persuaded that it should

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reconsider its prior Order. In his current motion, Plaintiff essentially reiterates arguments raised

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in opposition to the motion to dismiss. The Court considered those arguments and rejected them.

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Moreover, nothing presented by Plaintiff in the instant motion persuades the Court that it made

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any error in reaching its prior decision. Likewise, Plaintiff fails to show new facts or legal
ORDER
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authority which could not have been brought to the Court’s attention earlier with reasonable

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diligence, particularly because this was the second time Plaintiff was faced with a motion to

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dismiss. Accordingly, Plaintiff’s Motion for Reconsideration (Dkt. #33) is DENIED.

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DATED this 27th day of April 2018.

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A

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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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ORDER
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