Slaughter v. Glebe et al

Filing 150

ORDER by Judge Benjamin H. Settle denying 141 Motion for Telephonic Hearing; denying 142 Motion for Reconsideration. Plaintiff shall not file any more motions for reconsideration relating to his motion for preliminary injunction (Dkt. 128). **3 PAGE(S), PRINT ALL**(Ossie Slaughter, Prisoner ID: 827869)(TG)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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OSSIE LEE SLAUGHTER,

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Plaintiff,

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v.
PAT GLEBE, et al.,

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Defendants.

CASE NO. C15-5484BHS
ORDER DENYING
PLAINTIFF’S MOTION FOR
RECONSIDERATION AND
MOTION FOR TELEPHONIC
HEARING

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This matter comes before the Court on Plaintiff Ossie Lee Slaughter’s

14 (“Slaughter”) motion for reconsideration of the Court’s order denying a preliminary
15 injunction. Dkt. 142. Also before the Court is Slaughter’s motion for a telephonic hearing
16 Dkt. 141.
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On January 24, 2017, Slaughter filed a motion for preliminary injunction. Dkt.

18 128. On February 9, 2017, Judge Creatura issued a report and recommendation (“R&R”)
19 that the Court deny a preliminary injunction. Dkt. 133. On February 21, 2017, the Court
20 adopted the R&R. Dkt. 134. On February 28, 2017, Slaughter filed objections to the R&R
21 and filed a motion for reconsideration on the Courts’ order adopting the R&R. Dkts. 135,
22 136. On March 3, 2017, the Court vacated its previous order because it had erroneously

ORDER - 1

1 adopted the R&R before it was ripe. Dkt. 138. The Court then considered Slaughter’s
2 objections and issued a new order, once again adopting the R&R. Id. The Court also
3 denied Slaughter’s motion for reconsideration on the issue of the preliminary injunction.
4 Id.
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On March 16, 2017, Slaughter again moved for reconsideration on his motion for

6 preliminary injunction. Dkt. 142. Slaughter also requested a telephonic hearing on the
7 motion. Dkt. 141. On March 24, 2017, Defendants responded to the motion for a
8 telephonic hearing. Dkt. 147.
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Motions for reconsideration are governed by Federal Rule of Civil Procedure 60

10 and Local Rules, W.D. Wash. LCR 7(h). LCR 7(h) provides:
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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 described reconsideration as an “extraordinary remedy, to
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be used sparingly in the interests of finality and conservation of judicial resources.” Kona
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Enters., Inc. v. Estate of Bishop, 229 F.3d 877, 890 (9th Cir. 2000) (quoting 12 James
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Wm. Moore et al., Moore’s Federal Practice § 59.30[4] (3d ed. 2000)). “[A] motion for
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reconsideration should not be granted, absent highly unusual circumstances, unless the
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district court is presented with newly discovered evidence, committed clear error, or if
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there is an intervening change in the controlling law.” Id. (quoting 389 Orange Street
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Partners v. Arnold, 179 F.3d 656, 665 (9th Cir. 1999)).
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ORDER - 2

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Slaughter fails to meet his burden on reconsideration. He fails to show any

2 manifest error of law or submit new evidence that could not have been brought to the
3 Court’s attention earlier. Local Rules, W.D. Wash. LCR 7(h)(2). Slaughter has once
4 again failed to raise any issues or arguments for reconsideration that were not argued in
5 his original motion for preliminary injunction, his objections to the R&R, or his first
6 motion for reconsideration. Therefore, Slaughter’s motion for reconsideration (Dkt. 142)
7 is DENIED. Slaughter’s motion for a telephonic hearing (Dkt. 141) on the preliminary
8 injunction issue is also DENIED. Additionally, the Court instructs that Slaughter shall
9 not file any more motions for reconsideration relating to his motion for preliminary
10 injunction (Dkt. 128).
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IT IS SO ORDERED.

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Dated this 24th day of April, 2017.

A

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BENJAMIN H. SETTLE
United States District Judge

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ORDER - 3