Dolores Lucero v. Oak Run Elementary School District, et al.

Lucero v. Oak Run Elementary School District · United States District Court for the Eastern District of California · December 1, 2025 · No. 2:24-cv-02854-DC-SCR (PS)

Summary

The United States District Court for the Eastern District of California denies Plaintiff Dolores Lucero’s motions for reconsideration of the court’s September 17, 2025 order. The court construes the filings under Federal Rule of Civil Procedure 54, concludes that Plaintiff presents no valid basis for reconsideration, and refers the case back to the assigned magistrate judge for further proceedings.

Holdings

  1. Because the challenged order did not adjudicate all claims or end the action, Plaintiff's motions were governed by Federal Rule of Civil Procedure 54(b), not Rule 59(e), which applies after entry of judgment.
  2. Reconsideration is appropriate only upon newly discovered evidence, clear error or manifest injustice, or an intervening change in controlling law; it is not available merely to provide a second opportunity to present arguments already considered.
  3. Plaintiff's motions for reconsideration were properly denied because they repeated arguments previously presented and rejected and identified no valid basis for reconsideration.

Questions Presented

  1. Whether Plaintiff's objections should be construed as motions for reconsideration under Federal Rule of Civil Procedure 54(b) rather than motions under Rule 59(e).
  2. Whether Plaintiff established a basis for reconsideration of the September 17, 2025 interlocutory order.
  3. Whether the case should be referred back to the assigned magistrate judge for further proceedings.

Disposition

denied

Cases Cited (5)

  • Credit Suisse First Bos. Corp. v. Grunwald, 400 F.3d 1119, 1124 (9th Cir. 2005)(followed)
  • Tanner Motor Livery, Ltd. v. Avis, Inc., 316 F.2d 804, 809 (9th Cir. 1963)(followed)
  • City of Los Angeles, Harbor Div. v. Santa Monica Baykeeper, 254 F.3d 882, 885 (9th Cir. 2001)(followed)
  • Sch. Dist. No. 1J, Multnomah Cnty., Or. v. [name illegible in source], 5 F.3d 1255, 1263 (9th Cir. 1993)(followed)
  • Weeks v. Bayer, 246 F.3d 1231, 1236 (9th Cir. 2001)(followed)

Cited In (0)

No citing cases on record yet.

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