Straw v. Avvo Inc
Filing
69
ORDER denying Plaintiff's #64 Motion for Reconsideration. Signed by Judge Ricardo S. Martinez. (SB)
Case 2:20-cv-00294-JLR Document 69 Filed 10/06/21 Page 1 of 2
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
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ANDREW U.D. STRAW,
Plaintiff,
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CASE NO. C20-294 JLR
ORDER DENYING MOTION FOR
RECONSIDERATION
v.
AVVO, INC.,
Defendant.
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This matter is before the Court on Plaintiff’s Motion to Reconsider. Dkt. #64. Over five
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months ago, the Honorable United States District Judge James L. Robart denied Plaintiff’s
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request that he voluntarily recuse himself from this matter. Dkt. #60. According to this Court’s
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local rules, Judge Robart’s order was referred to the undersigned and was subsequently affirmed.
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Dkt. #61. Plaintiff immediately sought reconsideration. Dkt. #62. The Court denied Plaintiff’s
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request because, to the extent he presented new arguments, Plaintiff provided no reason that he
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could not have earlier brought his new arguments before the Court. Dkt. #63. Plaintiff now files
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another motion for reconsideration advancing his arguments which have already been addressed.
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Dkt. #64. The Court again denies Plaintiff’s motion for reconsideration.
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“Motions for reconsideration are disfavored. The court will ordinarily deny such motions
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in the absence of a showing of manifest error in the prior ruling or a showing of new facts or
ORDER – 1
Case 2:20-cv-00294-JLR Document 69 Filed 10/06/21 Page 2 of 2
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legal authority which could not have been brought to its attention earlier with reasonable
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diligence.” LOCAL RULES W.D. WASH. LCR 7(h)(1). Plaintiff’s motion fails to satisfy either
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standard and the Court accordingly denies the request for reconsideration.
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To the extent Plaintiff makes any new argument for recusal, it is that President Biden’s
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recent judicial nominations to fill vacancies on this Court present new opportunities for
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assignment of Plaintiff’s case to a judge more to his liking. But this does not alter the
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fundamental absence of a basis upon which recusal is warranted. Plaintiff makes clear that he
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presents no new facts or legal authority and is instead asking “one last time” with a “more direct”
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motion. Dkt. #64 at ¶¶ 26–27.
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Plaintiff’s motion for reconsideration is entirely untimely. See Local Rules W.D. Wash.
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LCR 7(h) (requiring that a motion for reconsideration “be filed within fourteen days after the
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order to which it relates is filed”). Additionally, Plaintiff has an appeal pending before the Ninth
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Circuit Court of Appeals. Straw v. Avvo, Inc., Case No. 20-35971 (9th Cir. 2020).
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Further, the Court has already fully addressed Plaintiff’s arguments for recusal. Nothing
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in Plaintiff’s new motion establishes a basis for recusal and his arguments fail for the same
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reasons previously provided Plaintiff.
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Accordingly, having considered Plaintiff’s motion and the remainder of the record, and
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for the reasons set forth above, the Court finds and ORDERS that Plaintiff’s Motion to
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Reconsider (Dkt. #64) is DENIED.
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DATED this 6th day of October, 2021.
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A
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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE
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ORDER – 2
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