Free Order on Motion for Reconsideration - District Court of Arizona - Arizona


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Date: August 23, 2005
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State: Arizona
Category: District Court of Arizona
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Preview Order on Motion for Reconsideration - District Court of Arizona
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Pending before the court is Plaintiff's Motion for Reconsideration (doc. # 54). 18 Reconsideration of a court's prior order is appropriate in very limited circumstances. A court 19 should reconsider its ruling if it is presented with newly discovered evidence, shown that it 20 committed clear error, or there is an intervening change in controlling law. See School Dist. 21 No. 1J, Multnomah County, Or. v. ACandS, Inc., 5 F.3d 1255, 1263 (9th Cir. 1993). None 22 of these circumstances are present in this case. 23 24 25 26 27 28
Case 2:03-cv-01876-NVW Document 55 Filed 08/23/2005 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

) ) ) Plaintiff, ) ) vs. ) ) John E. Potter, Postmaster General of the) ) United States, ) ) Defendant. ) ) Donald Thompson,

No. CV-03-1876-PHX-NVW ORDER

Plaintiff's motion reargues analysis that the court has previously considered and found wanting, misstates or overstates evidence, and insists upon detailed findings that are unnecessary in light of the determinations made by the court or are predicated on faulty legal premises or misunderstanding of the court's ruling or of the Defendants' positions.

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IT IS THEREFORE ORDERED that Plaintiff's Motion for Reconsideration (doc. # 54) is denied. DATED this 23rd day of August, 2005.

-2Case 2:03-cv-01876-NVW Document 55 Filed 08/23/2005 Page 2 of 2