Strick v. Pitts et al

Filing 50

ORDER denying 48 Plaintiff's Motion to Stay and reconsideration. Signed by Judge Ronald B. Leighton.(DN)

HONORABLE RONALD B. LEIGHTON

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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No. 11-cv-5110-RBL

ANDREW STRICK,

ORDER

Plaintiff,

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(Dkt. #48)

v.
DOUG PITTS, et al.,

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Defendants.

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Plaintiff has moved for reconsideration (although it is noted as a motion to stay)
following the dismissal of his case for failure to prosecute. Under Local Rule 7(h):
Motions for reconsideration are disfavored. The court will ordinarily deny such motions
in the absence of a showing of manifest error in the prior ruling or a showing of new facts
or legal authority which could not have been brought to its attention earlier with
reasonable diligence.

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The Ninth Circuit has called reconsideration an “extraordinary remedy, to be used sparingly in
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the interests of finality and conservation of judicial resources.” Kona Enters., Inc. v. Estate of

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Bishop, 229 F.3d 877, 890 (9th Cir. 2000) (quoting 12 James Wm. Moore et al., Moore’s

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Federal Practice § 59.30[4] (3d ed. 2000). “Indeed, a motion for reconsideration should not be

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granted, absent highly unusual circumstances, unless the district court is presented with newly
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discovered evidence, committed clear error, or if there is an intervening change in the controlling
law.” Id. (quoting 389 Orange Street Partners, 179 F.3d 656, 665 (9th Cir. 1999)).

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Order - 1

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Plaintiff has shown no grounds for reconsideration. The motion (Dkt. #48) is therefore
DENIED.

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Dated this 12th day of October 2012.
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A

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Ronald B. Leighton
United States District Judge

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Order - 2