At page 1046 Review of motion for reconsideration and discovery scope448 citing cases“whether or not to grant reconsideration is committed to the sound discretion of the court.”
- Nash-Perry v. City of Bakersfield, No. 1:18-cv-01512 (E.D. Cal. Nov. 29, 2023).(Reconsideration 11 is indicated in the face of the existence of new evidence, an intervening change in the law, or as 12 necessary to prevent manifest injustice)
- Armin Azod v. James G. Robinson, No. 2:22-cv-05214 (C.D. Cal. Jan. 30, 2023).(Reconsideration is indicated in the face of the existence of new evidence, an intervening change in the law, or as necessary to prevent manifest injustice.)
- Ronald Gene Robinson v. Gen. Manager of CALPIA, No. 2:20-cv-11591 (C.D. Cal. Nov. 1, 2022).(Reconsideration 1s indicated in the face of the existence of new evidence, an intervening change in the law, or as necessary to prevent manifest injustice.)
- Juan Pablo Chavez v. Marko Rodin, No. 2:18-cv-01232 (C.D. Cal. Sept. 1, 2022).(Reconsideration is indicated in the face of the existence of new evidence, an intervening change in the law, or as necessary to prevent manifest injustice.)
- Fatai v. City & Cnty. Honolulu, No. 1:19-cv-00603 (D. Haw. July 11, 2022).(Whether or not to grant reconsideration is committed to the sound discretion of the court.)
- BBC Grp. NV LLC v. Island Life Restaurant Grp. LLC, No. 2:18-cv-01011 (W.D. Wash. Oct. 8, 2019).(Whether or not to grant reconsideration is committed to the sound discretion of the 11 court.)
- Steiner v. Asset Acceptance, LLC, No. 2:19-cv-00271 (W.D. Wash. Sept. 26, 2019).(Whether or not to grant reconsideration is 15 committed to the sound discretion of the court.)
- In re Chelcey R. Fowler in Re Lynda Fowler, Debtors, United States of Am. v. Chelcey R. Fowler Lynda Fowler, 394 F.3d 1208 (9th Cir. 2005).published(Whether or not to grant reconsideration is committed to the sound discretion of the court.)
- Bishop v. City of Buckley, No. 3:22-cv-05759 (W.D. Wash. May 7, 2024).(Whether or not to grant reconsideration is committed to the sound discretion of 11 the court.)
- Chestnut, No. 1:26-cv-06894 (E.D. Cal. Sept. 28, 2026).Navajo Nation v. Norris, 331 F.3d 1041, 1046 (9th Cir. 2003) (citing Kona, 1 229 F.3d at 883).
Show 196 more citing cases
- Boffoli, No. 3:25-cv-01528 (S.D. Cal. Sept. 21, 2026).Navajo Nation v. Norris, 8 331 F.3d 1041, 1046 (9th Cir. 2003) (citing Kona Enters., 229 F.3d at 883).
- Tomahawk Mfg., Inc. v. Spherical Indus., Inc., No. 2:23-cv-01007 (D. Nev. Sept. 15, 2026).Duggan 28 is cautioned that he must comply with all deadlines moving forward. reconsideration is committed to the sound discretion of the court.” Navajo Nation v. Confederated 2|| Tribes & Bands of the Yakama Indian Nation, 331 F.3d 1041,…
- Triumph Foods, LLC v. Rob Bonta, No. 2:25-cv-09063 (C.D. Cal. Sept. 14, 2026).“Whether or not to grant reconsideration 1s committed to the sound discretion of the court”
- Schaedler-Moore, No. 3:24-cv-00978 (S.D. Cal. Sept. 9, 2026). Sch. 12 Dist., 157 F.3d 1169, 1179 (9th Cir. 1998); Ybarra v. McDaniel, 656 F.3d 984, 998 (9th 13 Cir. 2011); Navajo Nation v. Confederated Tribes & Bands of the Yakama Indian Nation, 14 331 F.3d 1041, 1046 (9th Cir. 2003); 389 Orange St.
- Powell, No. 1:25-cv-03160 (E.D. Wash. Aug. 31, 2026).Navajo Nation v. 9 Confederated Tribes and Bands of the Yakima Nation, 331 F.3d 1041, 1046 (9th 10 Cir. 2003). 11 Plaintiff argues the Court committed clear error in finding the ALJ’s errors 12 in evaluating the medical opinion evidence we…
- Kerrigan, No. 2:26-cv-00087 (W.D. Wash. Aug. 26, 2026).“Whether or not to grant reconsideration is 23 1 committed to the sound discretion of the court”
- Lawson, No. 1:24-cv-00172 (D. Haw. Aug. 25, 2026).Haw. 2006) (quoting Navajo Nation v. Confederated Tribes and Bands of the Yakama Indian Nation, 331 F.3d 1041, 1046 (9th Cir. 2003)).
- Bacon, No. 2:21-cv-00296 (E.D. Wash. Aug. 24, 2026).Navajo Nation v. Confederated Tribes and Bands of the Yakima 19 Nation, 331 F.3d 1041, 1046 (9th Cir. 2003).
- Bennett, No. 2:26-cv-02754 (W.D. Wash. Aug. 17, 2026).“Whether or not to grant reconsideration is 20 committed to the sound discretion of the court”
- In re Kim C. Kerrigan v. Jason Wilson-Aguilar, No. 2:25-cv-01451 (W.D. Wash. Aug. 17, 2026).“Whether or not to grant reconsideration is committed to 15 the sound discretion of the court”
- Mascorro, No. 3:25-cv-02172 (S.D. Cal. Aug. 13, 2026).Navajo Nation v. Norris, 25 331 F.3d 1041, 1046 (9th Cir. 2003) (citing Kona Enters., 229 F.3d at 883).
- Tsakiris, No. 2:26-cv-00157 (E.D. Wash. Aug. 11, 2026).Navajo Nation v. Confederated Tribes and Bands of the Yakima 18 Nation, 331 F.3d 1041, 1046 (9th Cir. 2003).
- Nagiyen, No. 3:25-cv-03744 (S.D. Cal. Aug. 7, 2026).Navajo Nation v. Norris, 20 331 F.3d 1041, 1046 (9th Cir. 2003) (citing Kona Enters., 229 F.3d at 883).
- Esqueda, No. 2:26-cv-01478 (W.D. Wash. Aug. 6, 2026).Navajo Nation v. Confederated Tribes and Bands of the Yakima 14 Nation, 331 F.3d 1041, 1046 (9th Cir. 2003). 15 Respondents’ pending motion asserts that under Local Civil Rule 7(d)(3), 16 their response to Petitioner’s Motion to Amend Judg…
- Saldana-Garcia, No. 2:19-cv-00441 (D. Nev. Aug. 5, 2026).“is committed to the sound discretion of the court”
- Scutt, No. 1:20-cv-00187 (D. Haw. July 17, 2026).Navajo Nation v. Confederated Tribes and Bands of the Yakama Indian Nation, 331 F.3d 1041, 1046 (9th Cir. 2003).
- Zakarneh, No. 2:26-cv-01556 (W.D. Wash. July 13, 2026).“Whether or 8 not to grant reconsideration is committed to the sound discretion of the court”
- Murdoch, No. 3:25-cv-05925 (W.D. Wash. July 8, 2026).“Whether or 8 not to grant reconsideration is committed to the sound discretion of the court”
- Fenderson, No. 2:24-cv-01931 (D. Or. June 25, 2026).“Whether or not to grant reconsideration is committed to the sound discretion of the court”
- Urmancheev, No. 3:22-cv-01039 (S.D. Cal. June 25, 2026).Ultimately, whether to grant 16 or deny a motion for reconsideration is in the “sound discretion” of the district court. 17 Navajo Nation v. Norris, 331 F.3d 1041, 1046 (9th Cir. 2003) (citing Kona Enters., 229 18 F.3d at 883).
- Gonsalves, No. 1:25-cv-00171 (D. Haw. June 23, 2026).“committed to the sound discretion of the court”
- McClure, No. 2:25-cv-00986 (W.D. Wash. June 22, 2026).“Whether or not to grant reconsideration is 17 committed to the sound discretion of the court”
- Gemini Data, Inc. v. Google LLC, No. 4:24-cv-06412 (N.D. Cal. June 15, 2026).“[a] party is not entitled to 14 discovery of information protected by the attorney-client privilege”
- MacLaren, No. 1:23-cv-00053 (D. Or. June 12, 2026).“Whether or not to grant reconsideration is committed to the sound discretion of the court”
- Mullin, No. 2:26-cv-01232 (W.D. Wash. June 1, 2026).Navajo Nation v. 19 Confederated Tribes and Bands of the Yakima Nation, 331 F.3d 1041, 1046 (9th 20 Cir. 2003). 21 Here, the Court previously found that the Mathews factors weighed in 22 Petitioner’s favor.
- Eisele, No. 3:20-cv-01740 (D. Or. May 18, 2026).“Whether to grant reconsideration is committed to the sound discretion of the court”
- Manaole, No. 1:26-cv-00029 (D. Haw. May 15, 2026).“committed to the sound discretion of the court”
- Seneca Ins. Co. v. McAlvain Constr., Inc., No. 1:24-cv-00340 (D. Idaho May 13, 2026).“[w]hether or not to grant reconsideration is committed to the sound discretion of the court”
- Wilfred L. Lee, Jr. v. Rising Phoenix Holdings Corp., No. 1:25-cv-00083 (D. Haw. May 8, 2026).“committed to the sound discretion of the court”
- United States v. 102.38 Acres of Land, No. 2:22-cv-00111 (E.D. Wash. Apr. 8, 2026).Navajo Nation v. Confederated Tribes and Bands of the Yakima Nation, 331 F.3d 1041, 1046 (9th Cir. 2003).
- Holt, No. 2:25-cv-00519 (D. Idaho Mar. 24, 2026).“Whether or not to grant reconsideration is committed to the sound discretion of the court”
- Bray-Hernandez, No. 2:25-cv-00331 (E.D. Wash. Feb. 11, 2026).“Whether or not to grant reconsideration is committed to the sound discretion of 21 the court”
- Denis, No. 1:21-cv-00011 (D. Haw. Jan. 26, 2026).Navajo Nation v. Confederated Tribes and Bands of the Yakama Indian Nation, 331 F.3d 1041, 1046 (9th Cir. 2003).
- Shaterian, No. 2:24-cv-01509 (W.D. Wash. Jan. 20, 2026).“Whether or 19 not to grant reconsideration is committed to the sound discretion of the court”
- Kurihara, No. 1:25-cv-00320 (D. Haw. Jan. 15, 2026).Haw. 2006) (quoting Navajo Nation v. Confederated Tribes and Bands of the Yakama Indian Nation, 331 F.3d 1041, 1046 (9th Cir. 2003)).
- Key Tronic Corp. v. Alien Tech., LLC, No. 2:24-cv-00365 (E.D. Wash. Dec. 19, 2025).Navajo Nation v. Confederated Tribes and Bands of the Yakima 20 Nation, 331 F.3d 1041, 1046 (9th Cir. 2003). 1 AT fails to demonstrate any of the three circumstances warranting 2 reconsideration.
- Kroutik, No. 3:25-cv-02794 (S.D. Cal. Dec. 11, 2025).Navajo Nation v. 22 Confederated Tribes & Bands of the Yakama Indian Nation, 331 F.3d 1041, 1046 (9th Cir. 23 2003) (citing Kona Enters., 229 F.3d at 883).
- Crowl, No. 3:25-cv-05251 (W.D. Wash. Dec. 5, 2025).Navajo Nation v. Confederated Tribes 16 & Bands of the Yakima Indian Nation, 331 F.3d 1041, 1046 (9th Cir. 2003). 17 Crowl’s motions (like many of his numerous prior motions) were expressly based 18 on plainly inadmissible identical declar…
- Sernas, No. 2:19-cv-00730 (D. Ariz. Nov. 24, 2025).Navajo Nation v. Norris, 21 331 F.3d 1041, 1046 (9th Cir. 2003); Barber v. Hawaii, 42 F.3d 1185, 1198 (9th Cir. 22 1994).
- Kirk L. Williams v. United States Air Force Base in Fairfax & Film Forming Foams Prolab, No. 2:25-cv-00276 (E.D. Wash. Nov. 12, 2025).Navajo Nation v. 11|| Confederated Tribes and Bands of the Yakima Nation, 331 F.3d 1041, 1046 (9th Cir. 2003).
- Basey v. Reardon, No. 3:23-cv-00124 (D. Alaska Feb. 2, 2024).
- In re Kameron Franklin Plumb, No. 23-1193 (B.A.P. 9th Cir. June 11, 2024).unpublished
- Murray v. Arizona, State of, No. 4:22-cv-00361 (D. Ariz. Apr. 5, 2023).
- Murray v. Arizona, State of, No. 4:22-cv-00360 (D. Ariz. Apr. 5, 2023).
- Navajo Health Found. - Sage Mem'l Hosp. Inc. v. Razaghi Dev. Co., No. 3:23-cv-08072 (D. Ariz. Jan. 2, 2024).
- Berkadia Real Est. Advisors LLC v. Wadlund, No. 4:22-cv-00049 (D. Ariz. Mar. 20, 2024).
- Kraft v. Tulare Cnty., No. 1:21-cv-00768 (E.D. Cal. Apr. 12, 2023).
- (PC) Norris v. Youngblood, No. 1:21-cv-00904 (E.D. Cal. July 17, 2023).
- Kraft v. Tulare Cnty., No. 1:21-cv-00768 (E.D. Cal. Aug. 22, 2023).
- (PC) Solorio v. Sullivan, No. 1:19-cv-00688 (E.D. Cal. Oct. 4, 2023).
- (PC) Walker v. Beshara, No. 1:20-cv-01050 (E.D. Cal. Jan. 5, 2024).
- (HC) Ford v. Trate, No. 1:22-cv-01327 (E.D. Cal. Jan. 29, 2024).
- (PC) Rojas v. Lopez, No. 2:22-cv-01977 (E.D. Cal. Feb. 8, 2024).
- Martinez v. P., No. 1:22-cv-01134 (E.D. Cal. Feb. 20, 2024).
- (PC) Allen v. Harris, No. 1:22-cv-00688 (E.D. Cal. Mar. 12, 2024).
- Schweinsburg v. Gen. Mills, Inc., No. 3:22-cv-00403 (S.D. Cal. May 1, 2023).
- Reed v. Paramo, No. 3:18-cv-00361 (S.D. Cal. July 5, 2023).
- Martinez v. Univ. of San Diego, No. 3:20-cv-01946 (S.D. Cal. June 30, 2023).
- Reed v. Paramo, No. 3:18-cv-00361 (S.D. Cal. Sept. 14, 2023).
- Johnson v. Kijakazi, No. 3:23-cv-00481 (S.D. Cal. Oct. 16, 2023).
- Kimbler v. Dexcom, Inc., No. 3:22-cv-01867 (S.D. Cal. Dec. 11, 2023).
- Glenn v. Dexcom, Inc., No. 3:22-cv-01866 (S.D. Cal. Dec. 11, 2023).
- Monahan v. Dexcom, Inc., No. 3:22-cv-01872 (S.D. Cal. Dec. 11, 2023).
- N.R. v. Del Mar Unified Sch. Dist., No. 3:21-cv-01759 (S.D. Cal. Apr. 15, 2024).
- Martin v. Nago, No. 1:22-cv-00460 (D. Haw. Feb. 6, 2023).
- Mokiao v. Hawaiian Elec. Light Co., No. 1:21-cv-00362 (D. Haw. Apr. 19, 2023).
- Thunderfoot v. United States, No. 1:23-cv-00006 (D. Haw. Sept. 19, 2023).
- Douglas v. Univ. of Hawaii, No. 1:21-cv-00217 (D. Haw. Sept. 27, 2023).
- Carver v. State of Hawaii 1st Circuit Judiciary, CASA, No. 1:23-cv-00611 (D. Haw. Feb. 22, 2024).
- In re Subpoena of Internet subscribers of Cox Commc'ns, LLC & CoxCom LLC, No. 1:23-cv-00426 (D. Haw. Apr. 26, 2024).
- Mendez v. Ada Cnty., No. 1:21-cv-00447 (D. Idaho Mar. 1, 2023).
- United States v. Howe, No. 2:19-cv-00421 (D. Idaho Mar. 2, 2023).
- Perales v. United States, No. 1:21-cv-00125 (D. Idaho Mar. 2, 2023).
- Hanigan v. OpSec Sec., Inc., No. 1:22-cv-00064 (D. Idaho July 27, 2023).
- Colo v. NS Support, LLC, No. 1:20-cv-00437 (D. Idaho Oct. 10, 2023).
- Braulick v. Salmonsen, No. 1:21-cv-00018 (D. Mont. Dec. 18, 2023).
- Grussing v. Salmonsen, No. 1:23-cv-00074 (D. Mont. Nov. 13, 2023).
- Stewart v. Green, No. 2:15-cv-00036 (D. Mont. Aug. 7, 2023).
- Little Coyote v. Colbrese, No. 1:21-cv-00125 (D. Mont. Jan. 18, 2024).
- Yellowbear v. Salmonsen, No. 6:22-cv-00002 (D. Mont. Feb. 28, 2024).
- Nolan v. Salmonsen, No. 6:23-cv-00018 (D. Mont. Mar. 14, 2024).
- Rodriguez v. Naphcare, Inc., No. 2:17-cv-02344 (D. Nev. Mar. 31, 2023).
- Aguirre Guerra v. Dematic Corp., No. 3:18-cv-00376 (D. Nev. May 1, 2023).
- Arch Ins. Co. v. Knight Specialty Ins. Co., No. 2:21-cv-00723 (D. Nev. Sept. 30, 2023).
- Sessa v. Ancestry.com Operations Inc., 713 F. Supp. 3d 997 (D. Nev. 2024).published
- Capitol Specialty Ins. Corp. v. Colorado River Consulting Inc., No. 2:21-cv-00858 (D. Ariz. June 13, 2024).
- Chhang v. West Coast USA Props. LLC, No. 1:23-cv-01335 (E.D. Cal. July 9, 2024).
- (HC) Warrior v. Price, No. 1:22-cv-01639 (E.D. Cal. Sept. 24, 2024).
- Johnson v. Kijakazi, No. 3:23-cv-00481 (S.D. Cal. June 11, 2024).
- Winfield v. Sigala, No. 3:23-cv-00783 (S.D. Cal. Aug. 20, 2024).
- Johnson v. Kijakazi, No. 3:23-cv-00481 (S.D. Cal. Aug. 20, 2024).
- Yoshimoto v. Alaska Airlines, Inc., No. 1:24-cv-00173 (D. Haw. Oct. 21, 2024).
- Roberts v. City of Dallas, No. 1:24-cv-00305 (D. Haw. Oct. 21, 2024).
- Davis v. Universal Health Servs. Inc., No. 2:21-cv-00008 (D. Nev. Sept. 29, 2024).
- Centofanti v. Neven, No. 2:13-cv-01080 (D. Nev. Oct. 30, 2024).
- Garcia v. Walmart Inc, No. 1:22-cv-03003 (E.D. Wash. Apr. 17, 2023).
- Vijuve Inc v. Kaspien Inc, No. 2:21-cv-00192 (E.D. Wash. June 13, 2023).
- Smith v. Castelo, No. 2:22-cv-00325 (E.D. Wash. July 20, 2023).
- Vijuve Inc v. Kaspien Inc, No. 2:21-cv-00192 (E.D. Wash. Aug. 8, 2023).
- Hawkins v. Andrewjeski, No. 2:22-cv-00225 (E.D. Wash. Aug. 17, 2023).
- Smith v. Castelo, No. 2:22-cv-00325 (E.D. Wash. Aug. 18, 2023).
- Nielsen v. California Capital Ins. Co., No. 2:22-cv-00177 (E.D. Wash. Sept. 25, 2023).
- Wilson v. Yakima Police Dep't, No. 1:23-cv-03073 (E.D. Wash. Oct. 6, 2023).
- Vijuve Inc v. Kaspien Inc, No. 2:21-cv-00192 (E.D. Wash. Nov. 2, 2023).
- Faustino-Anaya v. Andrewjeski, No. 4:23-cv-05157 (E.D. Wash. Nov. 30, 2023).
- Benson v. Kittitas Cnty., No. 1:23-cv-03149 (E.D. Wash. Jan. 12, 2024).
- United States v. Gray, No. 1:21-cv-03126 (E.D. Wash. Feb. 27, 2024).
- Est. of Justin M Magleby v. United States of Am., No. 1:23-cv-03060 (E.D. Wash. Mar. 14, 2024).
- Elmer-Smith v. Spokane Cnty. Sheriff Off., No. 2:24-cv-00027 (E.D. Wash. Mar. 22, 2024).
- Koch v. City of Spokane, No. 2:23-cv-00164 (E.D. Wash. Mar. 29, 2024).
- Pakootas v. Teck Cominco Metals, No. 2:04-cv-00256 (E.D. Wash. Apr. 10, 2024).
- Sharpe v. United States Fed. High. Admin., No. 2:24-cv-00045 (E.D. Wash. May 22, 2024).
- St Clair v. Okanogan Cnty. Washington, No. 2:23-cv-00280 (E.D. Wash. June 11, 2024).
- Wood v. Cincinnati Specialty Underwriters Ins. Co., No. 2:23-cv-00099 (E.D. Wash. July 23, 2024).
- Liberty Mut. Fire Ins. Co. v. Forsberg, No. 2:23-cv-00188 (E.D. Wash. Aug. 6, 2024).
- Sundance Slope LLC v. Trout-Blue Chelan-Magi LLC, No. 2:23-cv-00083 (E.D. Wash. Sept. 13, 2024).
- Becker v. Tig Ins. Co., No. 3:21-cv-05185 (W.D. Wash. Jan. 12, 2023).
- Apodaca v. Eaton Corp., No. 2:20-cv-01064 (W.D. Wash. Feb. 23, 2023).
- Booth v. Jackson, No. 3:20-cv-06264 (W.D. Wash. Apr. 5, 2023).
- Taneja v. Freitas, No. 2:22-cv-00702 (W.D. Wash. Oct. 6, 2023).
- Philadelphia Indem. Ins. Co. v. Hewlett-Packard Co., No. 2:19-cv-00138 (W.D. Wash. Oct. 13, 2023).
- Nair v. Toth, No. 2:23-cv-00454 (W.D. Wash. Oct. 19, 2023).
- McGillvary v. Dorsey, No. 3:22-cv-05883 (W.D. Wash. Nov. 22, 2023).
- Ten Bridges LLC v. Hofstad, No. 2:19-cv-01134 (W.D. Wash. Dec. 5, 2023).
- Leishman v. Washington Attorney Gen.'s Off., No. 2:20-cv-00861 (W.D. Wash. Dec. 22, 2023).
- Taber v. Cascade Designs Incoporated, No. 2:20-cv-01633 (W.D. Wash. Jan. 22, 2024).
- Erickson v. Long Beach Mortg. Co, No. 2:10-cv-01423 (W.D. Wash. Feb. 14, 2024).
- Jha v. Chicago Title Ins. Co., No. 2:23-cv-00584 (W.D. Wash. Mar. 22, 2024).
- Promedev LLC v. Wilson, No. 2:22-cv-01063 (W.D. Wash. Apr. 12, 2024).
- Baronius Press Ltd v. Faithlife Corp., No. 2:22-cv-01635 (W.D. Wash. May 1, 2024).
- Lysyy v. Deutsche Bank Nat'l Trust Co., No. 2:24-cv-00062 (W.D. Wash. May 28, 2024).
- Nair v. Toth, No. 2:23-cv-00454 (W.D. Wash. June 7, 2024).
- Silver Fern Chem. Inc v. Lyons, No. 2:23-cv-00775 (W.D. Wash. Aug. 29, 2024).
- Silver Fern Chem. Inc v. Lyons, No. 2:23-cv-00775 (W.D. Wash. Oct. 3, 2024).
- Lewis v. CoreCivic of Tennessee, LLC, No. 3:21-cv-01385 (S.D. Cal. Nov. 8, 2024).
- Mora v. State Farm Mut. Auto. Co., No. 2:24-cv-00494 (W.D. Wash. Nov. 13, 2024).
- McGary v. Inslee, No. 2:24-cv-00135 (E.D. Wash. Nov. 25, 2024).
- Wise v. California Dep't of Soc. Servs., No. 2:24-cv-00362 (E.D. Wash. Nov. 25, 2024).
- (PC) Sanchez v. Deochoa, No. 1:19-cv-00354 (E.D. Cal. Nov. 15, 2024).
- (HC) Nguyen v. Arias, No. 2:23-cv-01086 (E.D. Cal. Nov. 20, 2024).
- Ewing v. City of Sedro Woolley, No. 2:24-cv-01307 (W.D. Wash. Dec. 4, 2024).
- Clary v. Salmonsen, No. 6:21-cv-00052 (D. Mont. Dec. 19, 2024).
- (PC) Puckett v. Kelso, No. 1:23-cv-00054 (E.D. Cal. Dec. 30, 2024).
- Jacques v. Albertson's LLC, No. 2:20-cv-00079 (D. Nev. Jan. 3, 2025).
- Al-Khafagi v. Crites, No. 3:19-cv-00669 (D. Or. Jan. 6, 2025).
- Puckett v. Dyer, No. 1:22-cv-00750 (E.D. Cal. Jan. 13, 2025).
- Pierce v. Salmonsen, No. 2:19-cv-00058 (D. Mont. Jan. 14, 2025).
- Fortin v. Abbott Indus., No. 2:24-cv-00279 (E.D. Wash. Jan. 27, 2025).
- Quilbillies LLC v. First Am. Title Ins. Co., No. 3:24-cv-05246 (W.D. Wash. Jan. 30, 2025).
- Johnson v. Raven Wood Homeowners Ass'n, No. 3:24-cv-05087 (W.D. Wash. Feb. 10, 2025).
- Bailey v. Williams, No. 2:19-cv-01725 (D. Nev. Feb. 12, 2025).
- Schier v. Anderton, No. 1:25-cv-03012 (E.D. Wash. Feb. 19, 2025).
- Cong v. Zhao, No. 2:21-cv-01703 (W.D. Wash. Mar. 6, 2025).
- Ewing v. City of Sedro Woolley, No. 2:24-cv-01307 (W.D. Wash. Mar. 6, 2025).
- Owolabi v. Perkins, No. 3:24-cv-05979 (W.D. Wash. Mar. 6, 2025).
- Collins v. Henry, No. 2:23-cv-01812 (D. Nev. Mar. 10, 2025).
- Her Majesty the Queen in Right of Canada v. Van Well Nursery Inc, No. 2:20-cv-00181 (E.D. Wash. Mar. 12, 2025).
- Berlant v. US Election Assistance Comm'n, No. 3:23-cv-00257 (D. Or. Mar. 18, 2025).
- (PC) Solomon v. Tapia, No. 1:22-cv-01604 (E.D. Cal. Mar. 25, 2025).
- Mazgaj v. Charles, No. 3:24-cv-00777 (S.D. Cal. Mar. 25, 2025).
- Jeffrey-Steven of the House of Jarrett v. State of Hawaii, No. 1:24-cv-00040 (D. Haw. Mar. 28, 2025).
- (PC) Beavers v. Hosey, No. 1:21-cv-00650 (E.D. Cal. Apr. 1, 2025).
- Langadinos v. Washington State Bar Ass'n, No. 2:23-cv-00250 (W.D. Wash. Apr. 25, 2025).
- Rhine v. DML Capital Inc, No. 2:25-cv-00107 (W.D. Wash. May 5, 2025).
- George v. Moz, No. 1:24-cv-03158 (E.D. Wash. May 6, 2025).
- Sheikh-Elmi v. Nw. ICE Processing Ctr., No. 2:25-cv-00850 (W.D. Wash. May 13, 2025).
- Sharp v. Giga Watt Inc, No. 2:25-cv-00078 (E.D. Wash. May 14, 2025).
- O.E. v. HPT TRS Ihg-2 Inc, No. 2:23-cv-01748 (W.D. Wash. May 21, 2025).
- (PC) Rabb v. Figueroa, No. 1:23-cv-00843 (E.D. Cal. May 22, 2025).
- Gallusz v. LPP Mortg., Inc., No. 3:25-cv-00885 (S.D. Cal. May 21, 2025).
- Shady Knoll Orchards & Distillery LLC v. Vollendroff, No. 1:23-cv-03093 (E.D. Wash. May 27, 2025).
- David M. Semas v. Chemetall US, Inc., No. 3:19-cv-00125 (D. Nev. June 3, 2025).
- Brown v. Morgan, No. 4:24-cv-05146 (E.D. Wash. June 9, 2025).
- Peterson v. Unknown Agents of ATF & FBI, No. 2:23-cv-00544 (D. Idaho June 16, 2025).
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At page 1044 Reviewing de novo the grant of summary judgment4 citing casesThe parties filed cross-motions for summary judgment on the issue of whether the Becentis had sufficiently established domicile outside the reservation at the…
- Safe Air for Everyone v. Meyer, 373 F.3d 1035 (9th Cir. 2004).published
- Sec. Ins. Co. of Hartford v. Machevsky, 81 F. App'x 241 (9th Cir. 2003).unpublished
- Adam v. Hawaii Prop. Ins., 247 F. App'x 892 (9th Cir. 2007).unpublished
v.
James W. Norris Gayle Norris v. CONFEDERATED TRIBES AND BANDS OF THE YAKAMA INDIAN NATION, Plaintiff-Intervenor Navajo Nation v. James W. Norris Gayle Norris v. Confederated Tribes and Bands of the Yakama Indian Nation, Plaintiff-Intervenor-Appellant
The Navajo and Yakama Nations and Confederated Tribes (“Nations”) appeal the district court’s summary judgment in favor of James and Gayle Norris (“the Norrises”), rejecting Nations’ challenge to the validity of the Norrises’ adoption of K.H., an Indian child. Nations also assert error due to the district court’s denial of Nations’ motions to compel additional discovery and to reconsider its ruling.
At oral argument, the parties agreed that resolution of this case hinges on whether the district court clearly erred in determining the domicile of K.H. under the Indian Child Welfare Act (ICWA), 25 U.S.C. §§ 1901 et seq. Because the parties elected not to delve into the thorny issue of whether Nations or the maternal grandparents were entitled to notice in the case of a voluntary relinquishment, neither will we. See United States v. Mariscal, 285 F.3d 1127, 1129 n. 2 (9th Cir.2002). Because we agree with the district court’s determination that the state court had jurisdiction over the adoption proceedings, we AFFIRM.
I.
Background
David Becenti, KH.’s birth father, is a full-blood Navajo and an enrolled member of the Navajo Nation. Theodora Becenti, KH.’s birth mother, is one-half Navajo and one-half Yakama, and an enrolled member of the Yakama Nation.
From the time of their marriage in late 1987 until late 1990, the Becentis resided on either the Navajo or Yakama Reservation. On November 10, 1990, the Becentis moved into an apartment in the City of Yakima, outside the boundaries of either reservation. While living in the off-reservation apartment, the Becentis indicated in some non-adoption related documents that they lived off the reservation, while in others they indicated they lived on the reservation.
Sometime between November 10 and November 15, 1990, Theodora informed her husband that she was pregnant with K.H. Theodora broached the subject of adoption with her husband, and they met with an adoption attorney sometime before November 15.[1] Prior to meeting with the adoption attorney, the Becentis were unaware of the existence of ICWA.
K.H. was born on December 7, 1990. The next day, the Becentis transferred physical custody of K.H. to the Norrises. On December 11, 1990, the Becentis executed a Petition for Relinquishment, Termination of Parent/Child Relationship, and Approval of Voluntary Relinquishment, Consent and Waiver. The petition contained an objection to the application of ICWA and to tribal court jurisdiction.
On December 17, 1990, the Becentis executed additional relinquishment documents at the office of their attorney.[2] In these documents, the Becentis declared under penalty of perjury that they resided at the off-reservation apartment at the time of K.H.’s birth, and intended to continue their residence there indefinitely.
[*1044] The parties filed cross-motions for summary judgment on the issue of whether the Becentis had sufficiently established domicile outside the reservation at the time of KH.’s birth. Following review of the submitted documents, the district court granted summary judgment in favor of the Norrises. The district court denied Nations’ motions for reconsideration and to compel the production of documents.
II.
Discussion
A. Standard of Review
We review a district court’s grant of summary judgment de novo. Coszalter v. City of Salem, 320 F.3d. 968, 973 (9th Cir.2003). We must determine whether, viewing the evidence in the light most favorable to the nonmoving party, genuine issues of material fact remain for trial, and whether the district court correctly applied relevant substantive law. Id.
Against this backdrop, we consider the district court’s review of the state court’s finding that the Becentis were domiciled off-reservation when K.H. was born. However, we must keep in mind that the district court’s summary judgment ruling was shaped by the nature of the proceeding under review. See Jarrow Formulas, Inc. v. Nutrition Now, Inc., 304 F.3d 829, 833-34 (9th Cir.2002) (reviewing the district court’s entry of summary judgment “on the basis of laches” while also considering the abuse of discretion or clear error standard of review). In this case, the district court was reviewing a finding of domicile made by the state court, a matter subject to clear error review. See Lowenschuss v. Selnick, 171 F.3d 673, 684 (9th Cir.1999).
B. Procedural Posture
The parties submitted a set of agreed upon facts to the court. Among other facts, the parties agreed that:
1. The Becentis’ motivation for moving to the off-reservation was in part to assert their independence;
2. Another motivation for the Becentis’ move was proximity to their respective jobs and the community college;
3. The Becentis did not change the address listed on their drivers’ licenses to reflect the off-reservation residence;
4. The Becentis did not change their voter registration to a precinct located off the reservation;
5. The Becentis did not change the addresses on their credit cards or bank account;
6. Theodora completed a new IRS W-4 form for her employer, listing the off-reservation address;
7. The Becentis received mail at both the reservation address and the off-reservation address;
8. At the time of KH.’s birth, Indian Health Service records and insurance forms listed the off-reservation address for the Becentis;
and
9. KH.’s social security card was mailed to the off-reservation address.
Presented with the facts detailed above and in the Background section of this opinion, the state court determined that the Becentis were domiciled outside the confines of the reservation, and approved the adoption of K.H. by the Norrises. The district court was called upon, in the context of the summary judgment motion, to determine if the state court’s ruling was clearly erroneous. See Jarrow Formulas, Inc., 304 F.3d at 833-34.
C.Application of ICWA
ICWA was enacted “to protect the best interests of Indian children and to promote[*1045] the stability and security of Indian tribes and families by establishing minimum federal standards for the removal of Indian children from their families and the placement of such children in foster or adoptive homes....” H.R. Rep. 95-1386, 1978 U.S.C.C.A.N. 7530 (July 24, 1978).
ICWA confers exclusive jurisdiction upon tribal courts over an Indian child who is domiciled on a reservation. See 25 U.S.C. § 1911. An Indian child who is not domiciled on a reservation is subject to the concurrent jurisdiction of tribal court and state court. See idL[3]
It is undisputed that the Becentis voluntarily consented to termination of their parental rights and to KH.’s adoption. However, whether the Becentis were domiciled outside the reservation at the time of that consent was hotly disputed, since the Becentis’ domicile was KH.’s domicile and therefore determinative of the state court’s jurisdiction. If the Becentis’ domicile was determined to be on the reservation, the state court had no concurrent jurisdiction to approve the adoption of an Indian child, rendering the adoption void. See 25 U.S.C. § 1911; see also Miss. Band of Choctaw Indians v. Holyfield, 490 U.S. 30, 48, 109 S.Ct. 1597, 104 L.Ed.2d 29 (1989).
In resolving the issue of domicile, the state court adjudication relied upon findings that: 1) the Becentis had moved off the reservation “approximately two months before[K.H.] was born”; 2) the Becentis voluntarily relinquished their parental rights; 3) the Becentis objected to transfer of the proceedings to tribal court and application of ICWA; and 4) the Becentis expressed a desire “to remain anonymous as to their Indian heritage.”
The district court referred to the state court’s findings when entering judgment in favor of the Norrises. In response to Nations’ argument that the Becentis maintained the reservation address for some purposes, the district court noted the immateriality of those acts. The district court observed that “couples establishing a new residence often take these [change of-address] steps only as they may become actually necessary and, therefore priorities.” The district court stressed that the Becentis took the change-of-address “steps immediately necessary when establishing a new residency and when facing a health care issue like the birth of a child.” The district court also considered the legal documents executed by the Becentis memorializing their intent to remain in the City of Yakima indefinitely and expressly rejecting application of ICWA and involvement of the tribal court. The district court’s agreement with the state court’s finding that the Becentis were domiciled off-reservation was consistent with applicable law. See Lowenschuss v. Selnick, 171 F.3d at 684 (evaluating a party’s actions to determine the party’s domiciliary intent). The district court entered summary judgment in favor of defendants on the basis that the state court had jurisdiction over KH.’s adoption by virtue of the Becentis’ off-reservation domicile. Nations raised no material issue of fact sufficient to suggest that the state court’s finding of domicile was clearly erroneous. Accordingly, the district court’s entry of summary judgment was proper. See King Jewelry, Inc. v. Fed. Express Corp., 316 F.3d 961, 963-64 (9th Cir.2003).
D. Navajo Nation’s Discovery Motion
Navajo Nation filed a motion to compel discovery of material in the possession of[*1046] the Becentis’ initial adoption attorney, who also represented the Norrises. The defendants objected to the requested discovery on the bases of attorney-client and attorney work-product privileges. The district court did not rule on the motion to compel discovery, concluding that the matter was moot once the adoption attorney was dismissed as a defendant. Consequently, we consider anew the merits of the motion to compel.
A party is not entitled to discovery of information protected by the attorney-client privilege. See Wharton v. Calderon, 127 F.3d 1201, 1205 (9th Cir.1997). A party is entitled to discovery of attorney work-product only if the requesting party demonstrates that the requested information was not available from any other source. See Holmgren v. State Farm Mutual Automobile Ins. Co., 976 F.2d 573, 576 (9th Cir.1992). Navajo Nation sought discovery of evidence to challenge the attorney’s and the Becentis’ declarations regarding the timing of the initial contact between the attorney and the Becentis. However, this information was readily obtainable from the Becentis. Therefore, since Navajo Nation could not have met the prerequisite to obtain the discovery that was the subject of the motion to compel¿ the lack of a ruling on Navajo Nation’s motion does not warrant reversal. See Hallett v. Morgan, 296 F.3d 732, 751 (9th Cir.2002).
E. The District Court’s Denial of Nations’ Motion for Reconsideration
Reconsideration is indicated in the face of the existence of new evidence, an intervening change in the law, or as necessary to prevent manifest injustice. See Mustafa v. Clark County Sch. Dist., 157 F.3d 1169, 1178-79 (9th Cir.1998). Whether or not to grant reconsideration is committed to the sound discretion of the court. See Kona Enter., Inc. v. Estate of Bishop, 229 F.3d 877, 883 (9th Cir.2000).
Navajo Nation’s motion for reconsideration does not meet any of the specified criteria. Rather, the motion addresses the custodial rights of the maternal grandparents, a matter the parties subordinated to the state court’s determination of domicile. Considering the procedural flow of this case, the district court’s denial of Nations’ motion for reconsideration was a proper exercise of its discretion. See Mustafa, 157 F.3d at 1178-79.
III.
Conclusion
No material issue of fact was raised by Nations regarding the jurisdiction of the state court to finalize the adoption at issue in this case. The state court considered the provisions of ICWA and made a reasoned determination that the Becentis’ off-reservation domicile conferred concurrent jurisdiction upon the state court. No material issue of fact was raised sufficient to support a finding that the state court’s determination was clearly erroneous. Therefore, the district court’s entry of summary judgment in favor of the Defendants was appropriate and in accordance with applicable substantive law.
We are not unmindful of the concerns underlying the enactment of ICWA. However, in this case, the birth parents were domiciled off-reservation and voluntarily repudiated application of ICWA and tribal court jurisdiction. Under these circumstances, the district court’s entry of summary judgment did no harm to the dictates embodied in ICWA.
AFFIRMED.
The adoption attorney also represented the Norrises.
At this point, the Becentis were represented by a different attorney, who had no connection to the Norrises.
A parent may also voluntarily consent to termination of parental rights as a prelude to adoption. See 25 U.S.C. § 1913.