Ray Montgomery, et al. v. U.S. Bank, N.A., as Trustee for MLM1 Trust Series...

4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA RAY MONTGOMERY, et al., Case No. 25-cv-03571-HSG 8 Plaintiffs, ORDER DENYING MOTION TO RECONSIDER 9 v. Re: Dkt. No. 27 10 U.S. BANK, N.A., AS TRUSTEE FOR MLM1 TRUST SERIES 2006-HE4, BANK 11 OF AMERICA, 12 Defendant.

14 Pending before the Court is the motion for reconsideration filed by pro se Plaintiffs Ray and Marie Lynn Montgomery. Dkt. No. 27. The Court DENIES the motion.

16 Motions for reconsideration should not be frequently made or freely granted; they are not a substitute for appeal or a means of attacking some perceived error of the court. See Twentieth Century-Fox Film Corp. v. Dunnahoo, 637 F.2d 1338, 1341 (9th Cir. 1981). If a motion for reconsideration is filed within ten days of entry of judgment, it is treated as a motion to alter or amend judgment under Rule 59(e); if not, it is treated as a motion for relief from judgment under Rule 60(b) of the Federal Rules of Civil Procedure. See Am. Ironworks & Erectors v. N. Am. Constr. Corp., 248 F.3d 892, 898–99 (9th Cir. 2001).1 Rule 60(b) provides for reconsideration where one or more of the following is shown: (1) mistake, inadvertence, surprise or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered before the court's decision; (3) fraud by the adverse party; (4) the judgment is void; (5) the judgment has been satisfied; (6) any other reason justifying relief. Fed. R. Civ. P. 60(b). Any ] dissatisfaction with the court’s order or belief that the court is wrong in its decision are not || adequate grounds for relief; a motion for reconsideration is not a substitute for appeal. Twentieth Century-Fox Film Corp., 637 F.2d at 1341.

4 Plaintiffs have not shown that any of the factors under Rule 60(b) are present here. They || have presented no newly discovered evidence, and no signs of mistake, surprise or excusable || neglect. And they have not presented any arguments (beyond those already considered and || rejected by the Court) that Defendants engaged in fraud. Nor have they made any showing that || the judgment is void or has been satisfied. Accordingly, the Court DENIES the motion for || reconsideration.

10 IT IS SO ORDERED.

11 |} Dated: 1/29/2026 se 7 Hnupucrrd ZB bd, HAYWOOD S. GILLIAM, JR. 13 United States District Judge

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