RMR filed a Motion for Reconsideration on January 13, 2011, on the following grounds: I. 15250 Ventura Boulevard, Ninth Floor . RICHARD C. MOORE, ESQ. Mich. L R 7.1(g ), Mr. Fieg er files the instant Motion for Reconsideration of this Court's Interim Opinion and Order Regarding Government Ex Parte Submissions. NOTICE OF MOTION AND MOTION FOR LEAVE TO FILE MOTION FOR RECONSIDERATION TO ALL PARTIES AND TO THEIR COUNSEL OF RECORD: PLEASE TAKE NOTICE that pursuant to Northern District of California Civil Local Rule 7-9(b)(3), Defendants Lisa Shaffer and Mike Hart hereby move this Court for an order See, e.g., Phillips v. City of New York, 775 F.3d 538, 544 (2d Cir. Motion for Reconsideration Superior Court of California Ventura Timing 10 Days After Service of Notice > > Read More.. Cut-Off Date. 1 See Motion for Reconsideration Under 9023 and 9024 [sic] of Order Denaying . A motion for reconsideration must be accompanied by a declaration describing the previous application, identifying the judge to whom the application was made, what orders or decisions were made on the previous application, and what new or different facts, circumstances or law are claimed to exist. Having considered the papers submitted, the Court GRANTS the motion. ; STATE BAR NO. PLAINTIFFS' MOTION FOR RECONSIDERATION Case No. (See Stephens v. Baker & Baker Roofing Co., This statute provides an automatic right of rehearing and it supersedes Code of Civil Procedure section 1008. Motion For Reconsideration/Appeal Of The November 1, 2019 Administrative Law Judge's Ruling And Other Related Motions Resolution ALJ-391 Administrative Law Judge Division . A motion for reconsideration or motion to reconsider is a legal filing which someone can make to ask a court to review a decision and consider issuing a new decision in light of the review. Deputy Attorney General . Judicial Council of California FL-301 [Rev. In legal parlance, the motion to reconsider is the closest thing to a mulligan. Motion . motions in a case in Sacramento County Superior Court. A motion for reconsideration is in part, a way to (politely) tell the divorce court judge "you messed up- please fix your non-final decision now". P. 78; Local R. 7-15. procedurally proper motion for reconsideration of that order under Code of Civil Procedure section 1008. THE STATES OF CALIFORNIA, NEW YORK, AND OREGON'S MOTION FOR RECONSIDERATION _____ BARBARA D. UNDERWOOD Acting Attorney General of New York STEVEN C. WU Deputy Solicitor General KATHERINE C. MILGRAM Bureau Chief, Investor Protection Bureau JONATHAN C. ZWEIG Assistant Attorney General Attorneys for the State of New York ELLEN ROSENBLUM Motion for Reconsideration of the Court's decision to deny a second summary before they were given an opportunity to file a reply does not fall into any of the four situations that would entitle Defendants to reconsideration of that Order."). § 1008(d) and §128.7. , 134 F . the Executive Director's June 1, 2021 Order Conditionally Approving a Petition For Te mporary Urgency Changes to License and Permit Terms and Conditions Requir ing Compliance with Delta Water Quality Objectives In . f-049017856 notice of motion and motion for reconsideration of court order that defendant dress out for every hearing date: june 14, 2004 time: 9:00 a.m. dept: 53 california marcus wesson, plaintiffs, defendant. This sample motion for reconsideration for California is made pursuant to Code of Civil Procedure section 1008 (a) on the grounds that the motion for reconsideration should be granted due to new or different facts, circumstances or law discovered since the date of the order for which reconsideration is being requested. The facts here are based on Jack and Jill's fictional tumble down the hill. There are three variants; a typed, drawn or uploaded signature. No application to reconsider any order or for the . The Court also declined to adopt the "totality of circumstances" test from California tort jurisprudence, advocated by Plaintiff in support of the Negligent Use of Excessive Force claim. Motion for Reconsideration Binder moves the Court for reconsideration of the June 28, 2019 Ruling on Plaintiffs' motion to quash subpoenas for medical records. Cal. CENTRAL DISTRICT OF CALIFORNIA . A motion for reconsideration is basically the same thing as a petition for rehearing, except the purpose is to get a Florida divorce court judge to change their decision made in a non-final order. file a "substituted" version of the Motion to Quash on May 22, 2020. Burbank, California 91504 MOTION FOR RECONSIDERATION OF ORDER AFFIRMING FINAL DETERMINATION (October 31, 2013) On October 31, 2013, the Postal Regulatory Commission issued Order No. 123 Hill Street ) Anytown, Pa 18100 ) v . 5:11-cv-02449-EJD-PSGx KATHRYN LEE BOYD, ESQ. motions for reconsideration are autho­ rized. Dated: _____ David Lawyerly Attorney for Plaintiffs. I. court of california county of los angeles central, florida divorce amp child custody petition for rehearing, view document arizona court rules, what is the time limit for filing a motion for q amp a avvo, rule 59 a motions for reconsideration, reconsideration the rules and relevant strategies, reconsideration of an order in a california divorce . 2d 872, 875 [27 Cal.Rptr. SOUTHERN CALIFORNIA GAS COMPANY'S APPLICATION FOR REHEARING OF RESOLUTION ALJ-391 AND REQUEST FOR ORAL ARGUMENT. 142) Plaintiff Sonoma County Association of Retired Employees (SCARE) seeks reconsideration of this Court's January 10, 2014 Order Granting in Part Defendant's Motion to Dismiss (Docket No. Lack ofdiscussion regarding RMR's attempt to clarifY classification with DLSE. H. K. AUFMAN. §§ 101-1532. What is a Motion to Reconsider? Except to the extent it generally denies summary judgment on Plaintiff's Negligence claims, the DEFENDANT'S MOTION FOR RECONSIDERATION -4 KCSC 16-2-21S26-2 SEA SNOIIOIIIJSII COUNT\' PROSECUTING A TTOR:"IEY . of her motion for reconsideration, the panel held that: (1) the BIA's denial of equitable tolling was not unreasonable; (2) notwithstanding the BIA's precedent regarding fundamental changes in the law, the BIA's denial of sua sponte reconsideration was not premised on legal or constitutional error; and (3) Lona's "settled course of adjudication" argument is barred by the general . superior court of california, county of fresno criminal division people of the state of case no. Defendant's Motion for Reconsideration marks at least the seventh filing in which he has raised the question of laches with the Court and is nothing more than the latest chapter in his never-ending quest to run down the clock on this case. (pro hac vice) terri.marsh.hrlf@gmail.com BRIAN . MOTION FOR RECONSIDERATION [Docket No. (2) The statutory 120-day procedural schedule has expired. 383]), plaintiff's remedy was by way of an appeal from the order granting the dismissal rather than by a motion for reconsideration, unless the motion for reconsideration can be treated and considered as a motion for relief pursuant to section 473. 1998)). Section 1008 of the Code of Civil Procedure provides for reconsideration of court orders. Follow the step-by-step instructions below to eSign your motion for reconsideration template: Select the document you want to sign and click Upload. N. EIL . 17-cv-00574 -WHO Dkt. ICANN joined this motion on May 10, 2016. Background Plaintiff Fatima R. Dos Santos Fahmy and Defendant Stephen Graham Hogge attended the University of Miami . Download Motion for Reconsideration - District Court of California ( 18.4 kB) Preview Motion for Reconsideration - District Court of California Case 3:07-cv-03807-EDL Admin. Proposed Order This Motion will be based upon this Notice, Memorandum of Points and Authorities, the SUPERIOR . Therefore, the Court denies as moot ZACR's motion for reconsideration, and addresses the motion only as it pertains to ICANN. If papers are served by personal service, service must be made at least 16 court days before . disagreement with the merits of this Court's decision, but"disagreement with a Case 5:19-cv-01546-JGB-SHK . 4. Sherman Oaks, California 91403 (818) 205-9955; (818) 205-9944 fax . FILED & ENTERED SEP 11 2019 CLERK U.S. BANKRUPTCY COURT Central District of California BY DEPUTY CLERKgonzalez . Choose My Signature. Since then, the Court has granted ZACR's Motion to Dismiss in its entirety, thereby extinguishing ZACR's role a party to the action. No. the Final Determination to close the Glenoaks Station in Burbank, California.1 The Postal Service presents three arguments for rejecting the Motion for Reconsideration: (1) The Commission has in the past declined to reconsider Post Office discontinuance appeals. CALIFORNIA ENVIRONMENTAL PROTECTION AGENCYSTATE WATER RESOURCES CONTROL BOARD . BRIEF IN SUPPORT OF MOTION FOR RECONSIDERATION The issue before this Court is whether the . MOTION FOR RECONSIDERATION Stop QIP respectfully moves the Hearing Officer for reconsideration of his Recommended Decision issued July 24, 2020 ("Recommended Decision") regarding a referendum on Stop QIP's Petition to Suspend Chapter 3.5 of the California Food and Agriculture Code pursuant to §62752 on two grounds. > > Read More.. 438, 442 (D.N.J. MOTION FOR RECONSIDERATION AND CLARIFYING RULING (Docket No. (See ECF No. It asks a court to revisit a prior ruling and reach a different result, usually because the movant thinks the court got the law wrong, didn't account for an important fact, misunderstood the party's argument, or because new evidence has come to light. Order No. Ct. (1993) 19 Cal.App.4th 485, 490. Timeliness ofthe Assessment. 1866, affirming the Postal Service's Final Determination to close the Glenoaks station post office.1 The petitioner respectfully requests that the Commission reconsider this order in view of the following. 3. App. (e) This section specifies the court's jurisdiction with regard to applications for reconsideration of its orders and renewals of previous motions, and applies to all applications to reconsider any order of a judge or court, or for the renewal of a previous motion, whether the order deciding the previous matter or motion is interim or final. Deputy Attorney General . 8 representative, joseph m. motion for studnek, reconsideration of 9 motion to enforce plaintiff and settlement agreement 10 counterdefendant and motion to dismiss, plaintiff lacks 11 v. standing to sue 12 ambassador of global missions y 13 un limited his successors, a corporation sole, a nevada 14 corporation sole; el shaddai ministries and . Section 1008, subdivision (a) allows a party to move for reconsideration of a prior order based on new or different facts or a change in law. Supervising Deputy Attorney General . J. "A party seeking reconsideration must show more than a disagreement with the Court' s decision ." United States v. Westlands Water Dist. ; STATE BAR NO. Code Regs., § 20242(b)] ) Charging Party. ) 96). Service of Motion Papers Personal Service 16 Days Before Hearing. PLAINTIFF'S MOTION FOR RECONSIDERATION OF ORDER GRANTING MOTION FOR PROTECTIVE ORDER THARPE & HOWELL, LLP . concerning renewed motions and motions for reconsideration. (CA SBN 212423) Marcia Hofmann (CA SBN 250087) ELECTRONIC FRONTIER FOUNDATION 454 Shotwell Street San Francisco, CA 94110 Telephone: (415) 436-9333 Facsimile: (415) 436-9993 Email: mattz@eff.org marcia@eff.org Michael T. Risher (CA SBN 191627) AMERICAN CIVIL LIBERTIES FOUNDATION OF NORTHERN CALIFORNIA 39 Drumm Street San . the California Department of Fish and Wildlife (CDFW); and (3) disposition of Petitioners' Part 2 case-in-chief exhibits. Injunction. (SBN 232994) rshah@srbr-law.com SCHWARCZ, RIMBERG, BOYD & RADER, LLP 6310 San Vicente Boulevard, Suite 360 Los Angeles, California 90048 Phone: (323) 302-9488 Fax: (323) 931-4990 TERRI MARSH, ESQ. STATE OF CALIFORNIA . It also makes the suggestion, iJ.7') which appears in the Commonwealth "~U Court cases regarding Department of Public Welfare appeals, that both a request for reconsideration and notice ofappeal be . 46]), wherein . CITY AND COUNTY OF SAN FRANCISCO, Plaintiff, v. DONALD J. TRUMP, et al., Defendants. PLAINTIFFS' NOTICE OF APPLICATION AND APPLICATION TO RECONSIDER AND TO REVOKE ORDER SUSTAINING DEMURRER, OR ALTERNATIVELY, TO MODIFY THE ORDER WITH LEAVE TO AMEND [CCP 1008(a)]; MEMORANDUM OF POINTS AND AUTHORITIES IN . Pursuant to Federal Rule of Appellate Procedure 35(b) and Ninth Circuit General Order 6.11, California respectfully moves for en banc reconsideration of that order. Respondent, Tonya Morris, has filed an answer to appellant's motion for reconsideration and has requested attorney fees. Before the Court is a Motion for Reconsideration pursuant to Federal Rule of Civil Procedure 59(e) filed by Plaintiff Sarah . 2015-12 ) On August 11, 2015, the General Counsel filed with the . R. Civ. 5 SoCalGas asserts that Commission "precedent" permitted it to move for reconsideration (see Motion for Reconsideration, Footnotes 1 and 2) and pursuant to Rules 11.1 and 11.3, which only apply to open proceedings, to quash the Commission Subpoena. S. ARA . After considering the moving and opposing papers, the Court hereby GRANTS Defendant's Motion. Failure to consider Scope of Work for Laborer --Building Construction in prevailing wage detennination ("PWD") SD-23-1 02-4-2006-1. The Stay Order CENTRAL DISTRICT OF CALIFORNIA . 2008). MOTION FOR RECONSIDERATION, DENYING RESPONDENT'SREQUEST FOR ATTORNEY FEES, WITHDRAWING OPINION, AND SUBSTITUTING OPINION Appellant, Sean Morris, has filed a motion for reconsideration of the opinion filed on March 25, 2019. Based in Oakland, serve all of California . First, the . CENTRAL DISTRICT OF CALIFORNIA JENNY LISETTE FLORES, et al., Plaintiffs, v. LORETTA E. LYNCH, Attorney . This is a sample pleading illustrating the format for a Motion for Reconsideration for a Protection from Abuse Order. Open the document in the online editing tool. (e) This section specifies the court's jurisdiction with regard to applications for reconsideration of its orders and renewals of previous motions, and applies to all applications to reconsider any order of a judge or court, or for the renewal of a previous motion, whether the order deciding the previous matter or motion is interim or final. Governor of California; SONIA ANGELL, M.D., in her official capacity as California Public Health Officer; NOEMI DOOHAM, M . State . Downey Brand Protestants' Motion to Strike . which a motion for reconsideration can be heard to new facts or law -- neither of which exist[s] here." Wife disagreed that the court had authority under Le Francois to reconsider its ruling in the absence of a motion. motion for reconsideration under Local Rule 7-18 is a matter within the court's discretion." Daghlian v. DeVry Univ., Inc., 582 F. Supp. Binder requests the Court modify the June 28, 2019 Ruling by denying Plaintiffs' motion to quash and removing the duration limitations placed on the subpoenas by the Court. If you still have questions after reading this guide, come in to the Law Library to research your questions or talk to a lawyer. Judges often set a motion cut-off date or deadline. She further argued husband should be barred from affirmative relief regarding the 2-21 Order under the disentitlement doctrine a motion for reconsideration of an existing child custody order must be granted if the motion is based on the fact that the other parent was convicted of a crime in connection with falsely accusing the moving parent of child abuse. See, Hughey v. City of Hayward, 24 Cal.App.4th 206, 208 (1994) ("There is a split of authority as to whether an order denying reconsideration is . Design's motion for reconsideration under section 1008, subdivision (a) when it was essentially a renewed summary judgment motion subject to the requirements of section 437c. Here, while Defendants frame their brief as a "Response to the Court's Order to Show Cause Why the Remedies Set . Pending before this Court is Defendant's Motion for Reconsideration. A motion to reconsider is broad in scope and allows any party affected by the order to seek reconsideration and modification, amendment or vacation of prior orders. This motion is supported by the accompanying Memorandum of Points and Authorities, by Plaintiffs' Verified Complaint and all exhibits attached thereto, by the declaration of Plaintiffs' counsel, Nada N. Higuera, and by such further argument andevidence that may be . disagreement with the merits of this Court's decision, but"disagreement with a Case 5:19-cv-01546-JGB-SHK . A motion for reconsideration is not an appeal; filing an appeal is a more involved process. Morite of Calif. v. Super. SOUTHERN DISTRICT OF CALIFORNIA RAY ASKINS and CHRISTIAN RAMIREZ, Plaintiffs, CASE NO. 2000) ("A [motion for reconsideration] may not be used to raise arguments or present evidence for the first time when they could reasonably have been raised earlier in the litigation."). . On . Motion for Reconsideration of the Court's decision to deny a second summary before they were given an opportunity to file a reply does not fall into any of the four situations that would entitle Defendants to reconsideration of that Order."). For the reasons provided below, we hereby grant the motion to strike, deny the motion for reconsideration, and accept Petitioners' Part 2 case-in-chief exhibits into the evidentiary record. Similarly, Defendant's argument 13-03826-EMC DB2/ 24809514.2 MORGAN, LEWIS & BOCKIUS LLP ROBERT JON HENDRICKS (SBN 179751) STEPHEN L. TAEUSCH (SBN 247708) One Market, Spear Street Tower San Francisco, CA 94105 Tel: 415.442.1000 Fax: 415.442.1001 rhendricks@morganlewis.com staeusch@morganlewis.com Attorneys for Defendant UBER TECHNOLOGIES, INC . Superior Court, 210 Cal. D . DEF'S MOTION FOR RECONSIDERATION OF THIS COURT'S DECEMBER 6, 2013 ORDER No. 890, ) [8 Cal. Willenken LLP . LUTHERAN CHURCH, INC., a California Corporation, THOMAS CLARK, and SHIRLEY CLARK will make the accompanying Application. THE COURT Although FRCP 59(e) is silent on the issue, some courts have held that a district court may alter or amend a judgment sua sponte for any reason that would justify granting relief under the provision (see, for example, Burnam v.Amoco Container Co., 738 F.2d 1230, 1232 (11th Cir. : 75037 . CCP § 1008 (a). A motion for reconsideration asks the judge (usually the same one) to reconsider his decision in light of other facts, circumstances, or law that wasn't brought up in the original hearing on the matter. 12-CV-2600 W (BLM) ORDER GRANTING-IN-PART DEFENDANTS' MOTION FOR RECONSIDERATION [DOC. (SBN 189496) lboyd@srbr-law.com RAJIKA L. SHAH, ESQ. CALIFORNIA, INC., and DOLE ) 2013-CE-001-SAL FRESH VEGETABLES, INC., ) ) ORDER DENYING RESPONDENTS' Respondents, ) MOTION FOR RECONSIDERATION ) AND GRANTING GENERAL and ) COUNSEL 'S REQUEST FOR ) ENFORCEMENT OF SUBPOENAS TEAMSTERS UNION LOCAL ) NO. argument in their opposition to New GM's motion for summary judgment. On June 20, 2019, a motions panel of this Court issued a published order ("Stay Order") staying all three preliminary injunctions. 113, 115 . GERALD M. SIEGEL, ESQ. Mkhitaryan's conduct in re-filing the same motion to strike and demurrer is abusive, grossly wasteful (to Mock, and the Court), and in direct violation of C.C.P. Local Rule 7-18 of the Central District of California supplements the Federal Rules, and states: A Motion for Reconsideration of the decision on any motion may be made only on the grounds of (a) a . 6-1 at 27:11-17.) The rule, however, takes no position on the unsettled question of whether an order denying a motion to reconsider is itself appealable. Recons. On February 28, 2018, Doug Obegi . Grounds for reconsideration include multiple instances of bad faith and contrary record evidence that were not addressed by the Court. 2007). . Fed. Nos. This sample motion for reconsideration in California is made on the grounds that the motion does not comply with Code of Civil Procedure section 1008(a) as it is not timely and no new or different facts, circumstances or law are provided that would support granting reconsideration. ORDER DENYING THE GOVERNMENT'S MOTIONS FOR RECONSIDERATION AND TO DISMISS WITH REGARDS TO THE CITY AND COUNTY OF SAN FRANCISCO AND THE COUNTY OF SANTA CLARA Case No. 1984); Bryant v. N.J. Dep't of Transp., 998 F. Supp. In the Matter of Petitions for Reconsideration of . The Court found this matter suitable for disposition without oral . Memorandum of Points and Authorities in Support of State Defendants' Motion for Reconsideration of Ruling on Size of Statewide Gaming Device License Pool (04-cv-2265-FCD-KJM) EDMUND G. BROWN JR. Attorney General of California . JASON WILSON KENNETH M. TRUJILLO-JAMISON ; AMELIA L. B. SARGENT . TO DEFENDANTS' MOTION FOR RECONSIDERATION Case No. MOTION FOR RECONSIDERATION Throug h counsel, a nd pursuant to E.D. A motion for reconsideration of a final order focuses on the balancing of the interests of justice and the interests of finality of an order.32 The purpose of Rule 60(b) and Bankruptcy Rule 9024, is "to strike a proper balance between the conflicting principles that litigation must be brought to an end and that justice must be done" and the trial court has discretion to grant or deny . 17-cv-00574-WHO 1169534 OFFICE OF THE COUNTY COUNSEL COUNTY OF SANTA CLARA JAMES R. WILLIAMS - # 271253 County Counsel james.williams@cco.sccgov.org GRETA S. HANSEN - # 251471 L. JAVIER SERRANO - # 252266 DANIELLE L. GOLDSTEIN - # 257486 KAVITA NARAYAN - # 264191 JULIE WILENSKY - #271765 JULIA B. SPIEGEL - # 292469 ADRIANA L. BENEDICT . 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