Balan v. Tesla Motors Inc
Filing
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ORDER denying Plaintiff's 76 Motion for Reconsideration. Signed by Judge Marsha J. Pechman. (SR)
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
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CHRISTINA BALAN,
Plaintiff,
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v.
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CASE NO. C19-67 MJP
ORDER DENYING MOTION FOR
RECONSIDERATION
TESLA MOTORS INC.,
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Defendant.
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This matter comes before the Court upon Plaintiff’s Motion for Reconsideration (Dkt.
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No. 76) of the Court’s April 22, 2021 Order Closing the Case (Dkt. No. 75). The Motion is
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DENIED.
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Plaintiff seeks reconsideration, arguing: (1) The Court’s Order fails to address the issue
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of the material breach of the arbitration agreement or the unconscionability of JAMS unwritten
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rules toward pro se litigants; (2) the Ninth Circuit did not instruct the Court to close the case; and
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(3) the Order cites three allegedly defamatory statements, when the Ninth Circuit only addressed
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two.
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ORDER DENYING MOTION FOR RECONSIDERATION - 1
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Motions for reconsideration are disfavored and ordinarily will not be granted “in the
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absence of a showing of manifest error in the prior ruling or a showing of new facts or legal
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authority which could not have been brought to its attention earlier with reasonable diligence.”
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LCR 7(h)(1). Plaintiff has failed to make such a showing. Although Plaintiff is correct that the
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Court cited three defamatory statements when the Ninth Circuit only discussed two, the Court
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concludes that this was a typographical error, and not manifest error. And because the Ninth
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Circuit’s recent opinion devested the Court of jurisdiction in this matter, the Court may not
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consider Plaintiff’s remaining arguments about the arbitration agreement, and closing the case
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was proper. The Court therefore DENIES Plaintiff’s Motion for Reconsideration.
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The clerk is ordered to provide copies of this order to all counsel.
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Dated April 26, 2021.
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A
Marsha J. Pechman
United States Senior District Judge
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ORDER DENYING MOTION FOR RECONSIDERATION - 2
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