Linda Cook v. Ben Hosseinzadeh et al.

Summary

The United States District Court for the Western District of Washington denied Linda Cook’s motion for reconsideration of orders denying judicial recusal. The court held that the motion was untimely under Local Civil Rule 7(h) and, alternatively, failed to show manifest error, new facts, or a basis for disqualification under 28 U.S.C. § 455(b)(4).

Holdings

1. A motion for reconsideration filed more than fourteen days after the order to which it relates is untimely and may be denied on that ground.
2. Reconsideration is ordinarily unavailable absent manifest error in the prior ruling or new facts or legal authority that could not have been presented earlier with reasonable diligence; mere disagreement with the prior order is insufficient.
3. Section 455(b)(4) did not require recusal because Plaintiff failed to present clear evidence that Judge Chun's nomination was irregular.
4. The failure to decide a pending motion before another motion was filed and the renoting of a motion, without more, did not establish bias or support recusal.

Questions Presented

1. Whether Plaintiff's motion for reconsideration should be granted under the Western District of Washington's standard requiring manifest error or newly available facts or legal authority.
2. Whether the motion should be denied as untimely under LCR 7(h)(2).
3. Whether the alleged irregularities in Judge Chun's nomination or subsequent docket-management decisions required recusal under 28 U.S.C. § 455(b)(4).

Disposition

other