Cagliostro v. Collins

Filing 55

ORDER denying Plaintiff's 53 Motion for Reconsideration. Signed by Judge Ricardo S. Martinez. (PM) cc: plaintiff via first class mail

1
2
3
4
5
6
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

7
8
9
10

RITA CAGLIOSTRO,

11

Plaintiff,

12
13

Case No. C18-425RSM
ORDER DENYING PLAINTIFF’S
MOTION FOR RECONSIDERATION

v.
FORREST R. COLLINS,

14
15

Defendant.

16

The instant matter comes before the Court on Plaintiff Rita Cagliostro’s Motion for

17

Reconsideration. Dkt. #53. The Court has determined that it can rule on this Motion without

18

responsive briefing.

19
20
21

“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 ruling or a

22

showing of new facts or legal authority which could not have been brought to its attention

23

earlier with reasonable diligence.” Id. Motions for reconsideration “shall be filed within

24
25
26

fourteen days after the order to which it relates is filed.” LCR 7(h)(2). “Failure to comply with
this subsection may be grounds for denial of the motion.” Id.

27

The Court interprets Plaintiff’s filing as a Motion for Reconsideration because Plaintiff

28

titles her Motion as such and repeatedly asks the Court to “reconsider” its prior Order

ORDER DENYING PLAINTIFF’S MOTION FOR RECONSIDERATION - 1

1

dismissing this case dated August 10, 2018. Dkt. #53. The Court finds that Plaintiff’s Motion

2

is untimely and is properly dismissed on that ground alone. Plaintiff asks for reconsideration

3

on the Court’s August 10, 2018, Order, yet has filed this Motion on September 7, 2018, 28 days

4

later. Furthermore, it appears from the record that Plaintiff has already appealed the Court’s

5
6
7

Order, rendering this Motion duplicative and unnecessary.
Having reviewed the relevant briefing and the remainder of the record, the Court hereby

8

finds and ORDERS that Plaintiff Rita Cagliostro’s Motion for Reconsideration, Dkt. #53, is

9

DENIED. The Clerk shall send a copy of this Order to Plaintiff at 212 ALASKAN WAY S.

10
11
12
13
14
15

#205 SEATTLE, WA 98104.
DATED this 11 day of September, 2018.

A

RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

16
17
18
19
20
21
22
23
24
25
26
27
28

ORDER DENYING PLAINTIFF’S MOTION FOR RECONSIDERATION - 2