Saddle Mountain Minerals, LLC v. City of Richland

5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON SADDLE MOUNTAIN MINERALS, L.L.C., NO. 4:22-CV-5055-TOR Plaintiff, ORDER DENYING PLAINTIFF’S 9 MOTION FOR RECONSIDERATION v. CITY OF RICHLAND, a municipal corporation of the State of Washington, Defendant.

14 BEFORE THE COURT is Plaintiff’s Motion for Reconsideration (ECF No. 40). This matter was submitted for consideration without oral argument. The Court has reviewed the record and files herein, and is fully informed.

17 DISCUSSION 18 Motions for reconsideration are generally disfavored. “Reconsideration is appropriate if the district court (1) is presented with newly discovered evidence, (2) committed clear error or the initial decision was manifestly unjust, or (3) if there is an intervening change in controlling law.” Sch. Dist. No. 1J, Multnomah Cty., Or. 2|| v. ACandsS, Inc., 5 F.3d 1255, 1263 (9th Cir. 1993). “There may also be other, 3|| highly unusual, circumstances warranting reconsideration.” Jd.

4 Plaintiff “urges the Court to reconsider for the purpose of clarifying whether || its decision to dismiss the claim was made under FRCP 56 or some other rule, such 6|| as FRCP 12, because no cross motion on that claim was made by the City.” ECF 7\| No. 40 at 2. After full briefing and oral argument, the Court entered summary || judgment in favor of Defendant on Plaintiff's Fourteenth Amendment claim. ECF 9|| No. 37 at 7. In doing so, the Court clearly cited its authority to sua sponte grant 10|| summary judgment in favor of the nonmoving party after the parties had a full and fair opportunity to address the issue. See id. (citing Gospel Missions of Am. v. City 12|| of Los Angeles, 328 F.3d 548, 553 (9th Cir. 2003); Fed. R. Civ. P. 56(f)(1)). No || clarification is warranted.

ACCORDINGLY, IT IS HEREBY ORDERED: 15 Plaintiff's Motion for Reconsideration (ECF No. 40) is DENIED.

16 The District Court Executive is directed to enter this Order and furnish 17|| copies to counsel. The file remains OPEN.

18 DATED June 21, 2023.

gp aes fino 0. Cee 20 Oe x THOMAS O. RICE <> United States District Judge