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Jeremy Koa Moniz, et al v. American Home Mortgage Servicing

December 22, 2011

JEREMY KOA MONIZ, ET AL.,
PLAINTIFFS,
v.
AMERICAN HOME MORTGAGE SERVICING, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Barry M. Kurren United States Magistrate Judge

ORDER DENYING PLAINTIFFS' MOTION TO RECONSIDER THE COURT'S DENIAL OF PLAINTIFFS' MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT

Before the Court is Plaintiffs Jeremy and Kendra Moniz's Motion to Reconsider the Court's Denial of Plaintiffs' Motion for Leave to File First Amended Complaint (Doc. 31.) After careful consideration of the Motion and the supporting and opposing memoranda, Plaintiffs' Motion is DENIED.*fn1

PROCEDURAL BACKGROUND

On March 10, 2011, Plaintiffs filed this action against Defendants American Home Mortgage Servicing, Inc. ("American Home Mortgage") and Quick Loan Funding, Inc. On April 29, 2011, American Home Mortgage moved to dismiss the Complaint. On July 13, 2011, Chief District Judge Susan Oki Mollway dismissed the Complaint and permitted Plaintiffs to file a motion for leave to file an amended complaint by August 15, 2011.

Plaintiffs filed a timely Motion for Leave to File First Amended Complaint and attached a proposed Amended Complaint. After briefing was complete, this Court held a hearing on the Motion on September 1, 2011. At that hearing, Plaintiffs' counsel requested additional time to modify the proposed Amended Complaint. The Court granted that request and continued the hearing. At the further hearing on the Motion, which was held on September 30, 2011, Plaintiffs' counsel again asked for additional time to modify the proposed Amended Complaint. The Court denied Plaintiffs' counsel's request for additional time, and explicitly instructed him that any further extensions of time to submit a proposed Amended Complaint must be asked of Chief Judge Mollway. The Court also denied Plaintiffs' Motion for Leave to File First Amended Complaint.

On November 7, 2011, Plaintiffs moved the Court to reconsider its denial of their Motion for Leave to File First Amended Complaint. Although the Court informed Plaintiffs' counsel that it would not extend the time to submit another proposed Amended Complaint, he attached to the Motion for Reconsideration a new proposed Amended Complaint.

DISCUSSION

Plaintiffs seek reconsideration of this Court's denial of their Motion for Leave to File First Amended Complaint.

"A party may ask the court to reconsider and amend a previous order pursuant to [Rule 59(e).]" White v. Sabatino, 424 F. Supp. 2d 1271, 1274 (D. Haw. 2006) (internal quotation marks omitted). Rule 59(e) "offers an extraordinary remedy, to be used sparingly in the interests of finality and conservation of judicial resources." Id.

"In the Ninth Circuit a successful motion for reconsideration must accomplish two goals." Id. "First, it must demonstrate some reason why the court should reconsider its prior decision." Id. "Second, a motion for reconsideration must set forth facts or law of a strongly convincing nature to induce the court to reverse its prior decision." Id. According to the Ninth Circuit, there are "three grounds justifying reconsideration: (1) an intervening change in controlling law; (2) the availability of new evidence; and (3) the need to correct clear error or prevent manifest injustice." Id. The District of Hawaii has implemented these standards in Local Rule 60.1, which provides:

Motions for reconsideration of interlocutory orders may be brought only upon the following grounds:

(a) Discovery of new material facts not previously available;

(b) Intervening change in law;

(c) Manifest error of law or fact. "Mere disagreement with a previous order is an insufficient basis for reconsideration." White, 424 F. Supp. at 1274. "Furthermore, a FRCP 59(e) motion for reconsideration may not present evidence or raise legal arguments that could have been presented at the time of the challenged decision." Id. "Whether ...


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