Balan v. Tesla Motors Inc

Filing 77

ORDER denying Plaintiff's 76 Motion for Reconsideration. Signed by Judge Marsha J. Pechman. (SR)

Download PDF
1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8 9 10 CHRISTINA BALAN, Plaintiff, 11 v. 12 CASE NO. C19-67 MJP ORDER DENYING MOTION FOR RECONSIDERATION TESLA MOTORS INC., 13 Defendant. 14 15 16 This matter comes before the Court upon Plaintiff’s Motion for Reconsideration (Dkt. 17 No. 76) of the Court’s April 22, 2021 Order Closing the Case (Dkt. No. 75). The Motion is 18 DENIED. 19 Plaintiff seeks reconsideration, arguing: (1) The Court’s Order fails to address the issue 20 of the material breach of the arbitration agreement or the unconscionability of JAMS unwritten 21 rules toward pro se litigants; (2) the Ninth Circuit did not instruct the Court to close the case; and 22 (3) the Order cites three allegedly defamatory statements, when the Ninth Circuit only addressed 23 two. 24 ORDER DENYING MOTION FOR RECONSIDERATION - 1 1 Motions for reconsideration are disfavored and ordinarily will not be granted “in the 2 absence of a showing of manifest error in the prior ruling or a showing of new facts or legal 3 authority which could not have been brought to its attention earlier with reasonable diligence.” 4 LCR 7(h)(1). Plaintiff has failed to make such a showing. Although Plaintiff is correct that the 5 Court cited three defamatory statements when the Ninth Circuit only discussed two, the Court 6 concludes that this was a typographical error, and not manifest error. And because the Ninth 7 Circuit’s recent opinion devested the Court of jurisdiction in this matter, the Court may not 8 consider Plaintiff’s remaining arguments about the arbitration agreement, and closing the case 9 was proper. The Court therefore DENIES Plaintiff’s Motion for Reconsideration. 10 11 The clerk is ordered to provide copies of this order to all counsel. 12 Dated April 26, 2021. 13 14 15 A Marsha J. Pechman United States Senior District Judge 16 17 18 19 20 21 22 23 24 ORDER DENYING MOTION FOR RECONSIDERATION - 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?