Nike, Inc. v. Dixon

4 Citing cases

  1. In re Galena Biopharma, Inc.

    Case No. 3:14-cv-382-SI LEAD (D. Or. Oct. 30, 2014)   Cited 10 times
    Denying motion for reconsideration when movant raised new arguments that could have been presented during the substantive briefing of the original motion

    Motions to reconsider under Rule 54(b), while generally disfavored, may be granted if: (1) there are material differences in fact or law from that presented to the court and, at the time of the court's decision, the party moving for reconsideration could not have known the factual or legal differences through reasonable diligence; (2) there are new material facts that happened after the Court's decision; (3) there has been a change in law that was decided or enacted after the court's decision; or (4) the movant makes a convincing showing that the court failed to consider material facts that were presented to the court before the court's decision.Lyden v. Nike, Inc., 2014 WL 4631206, at *1 (D. Or. Sept. 15, 2014) (citing Stockamp & Assocs. v. Accetive Health, 2005 WL 425456, at *6-7 (D. Or. Feb. 18, 2005); Nike, Inc. v. Dixon, 2004 WL 1375281, at *1-2 (D. Or. June 16, 2004); Motorola, Inc. v. J.B. Rodgers Mech. Contractors, 215 F.R.D. 581, 583-86 (D. Ariz. 2003)). Additionally, "[w]hile a motion for reconsideration allows a party to bring a material oversight to the court's attention, it is not appropriate for a party to request reconsideration merely to force the court to 'think about [an] issue again in the hope that [it] will come out the other way the second time.'"

  2. PNC Bank, Nat'l Ass'n v. Prime Lending, Inc.

    No. CV-10-0034-EFS (E.D. Wash. Mar. 11, 2013)

    When reviewing motions for reconsideration of interlocutory orders, district courts in the Ninth Circuit generally apply standards of review substantially similar to those used under Rules 59(e) and 60(b). See, e.g., Nike, Inc. v. Dixon, No. CV 01-1459-BR, 2004 WL 1375281 at *1-2 (D. Or. June 16, 2004), aff'd, 163 Fed. Appx. 908 (Fed. Cir. 2006); Motorola, Inc. v. J.B. Rodgers Mech. Contractors, 215 F.R.D. 581, 583-86 (D. Ariz. 2003) (surveying relevant local rules for districts throughout the Ninth Circuit). These courts have adopted the following conditions in determining whether a motion for reconsideration may be granted:

  3. PNC Fin. Servs. Grp. Inc. v. Prime Lending, Inc.

    NO. CV-10-34-EFS (E.D. Wash. May. 7, 2012)

    However, when reviewing motions for reconsideration of interlocutory orders, district courts in the Ninth Circuit generally apply standards of review substantially similar to those used under Rules 59(e) and 60(b). See, e.g., Nike, Inc. v. Dixon, No. CV 01-1459-BR, 2004 WL 1375281 at *1-2 (D. Or. June 16, 2004), aff'd, 163 Fed. Appx. 908 (Fed. Cir. 2006); Motorola, Inc. v. J.B. Rodgers Mech. Contractors, 215 F.R.D. 581, 583-86 (D. Ariz. 2003) (surveying relevant local rules for districts throughout the Ninth Circuit). These courts have adopted the following conditions in determining whether a motion for reconsideration may be granted:

  4. Yakima Valley Mem'l Hosp. v. Washington State Dep't of Health

    NO. CV-09-3032-EFS (E.D. Wash. Feb. 28, 2012)

    However, when reviewing motions for reconsideration of interlocutory orders, district courts in the Ninth Circuit generally apply standards of review substantially similar to those used under Rules 59(e) and 60(b). See, e.g., Nike, Inc. v. Dixon, No. CV 01-1459-BR, 2004 WL 1375281 at *1-2 (D. Or. June 16, 2004), aff'd, 163 Fed. Appx. 908 (Fed. Cir. 2006); Motorola, Inc. v. J.B. Rodgers Mech. Contractors, 215 F.R.D. 581, 583-86 (D. Ariz. 2003) (surveying relevant local rules for districts throughout the Ninth Circuit). These courts have adopted the following conditions in determining whether a motion for reconsideration may be granted: