Bloomquist v. United States Federal Government

Filing 12

ORDER denying 11 Plaintiff's Motion for Reconsideration, signed by Judge Ronald B. Leighton.(DN) Modified on 8/7/2012 (DN). (cc to pltf)

HONORABLE RONALD B. LEIGHTON

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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ORDER DENYING MOTION FOR
RECONSIDERATION

Plaintiff,

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No. C12-5351RBL

VICTOR BLOOMQUIST,

v.
[Dkt. #11]
UNITED STATES OF AMERICA,
Defendant.

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Plaintiff, Victor Bloomquist, has filed a Motion to Reinstate [Dkt. #11] of the Court’s
order granting defendant’s motion to dismiss [Dkt. #9].

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Under Local Rule 7(h):

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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 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
Federal Practice § 59.30[4] (3d ed. 2000). “Indeed, a motion for reconsideration should not be
granted, absent highly unusual circumstances, unless the district court is presented with newly
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)).
”

Order - 1

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Plaintiff has presented no additional grounds for reconsideration. Plaintiff’s Motion to
Reinstate [Dkt. #11] is DENIED.

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Dated this 7th day of August, 2012.

A
Ronald B. Leighton
United States District Judge

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Order - 2