Balan v. Tesla Motors Inc

Filing 77

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