Order | Filed: June 22, 2026
| Entered: June 22, 2026
Holmes et al v. Gunderson Marine et al
Federal Employer's Liability | Oregon
Order on Motion to Reopen
ORDER DENYING PLAINTIFFS' MOTION: This Court is in receipt of Plaintiffs' "Motion to Reopen Proceedings, for Relief from Judgment, and to Apply Equitable Tolling," ECF 20 . Plaintiffs ask this Court to reconsider its May 26, 2026 order, ECF 17 , which dismissed this action with prejudice. In their motion, Plaintiffs ask this Court to "reopen this action, grant relief pursuant to Rules 59(e) and 60(b), apply equitable tolling, [and] take judicial notice of related administrative proceedings." ECF 20 at 1. Reconsideration is an "extraordinary remedy," Kona Enters., Inc. v. Est. of Bishop, 229 F.3d 877, 890 (9th Cir. 2000) (citation modified). A "district court may properly reconsider its decision if it '(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.'" Smith v. Clark Cnty. Sch. Dist., 727 F.3d 950, 955 (9th Cir. 2013) (quoting School Dist. No. 1J v. ACandS, Inc., 5 F.3d 1255, 1263 (9th Cir. 1993)). Motions for reconsideration "may not be used to present new arguments or evidence that could have been raised earlier." Adidas Am., Inc. v. Payless Shoesource, Inc., 540 F. Supp. 2d 1176, 1180 (D. Or. 2008). Previously, this Court found Plaintiffs' claims were untimely and likely also barred by res judicata. Order, ECF 17 . This action was dismissed with prejudice, and Plaintiffs' in forma pauperis statuses were revoked. Id.; Judgment, ECF 18 . In moving for relief, Plaintiffs have not presented this Court with any relevant newly discovered evidence. Plaintiffs also do not demonstrate that the initial decision made by this Court to dismiss their complaint without leave to amend was manifestly unjust. Further, Plaintiffs do not identify an intervening change in the controlling law since May 26, 2026. Plaintiffs' motion, ECF 20 , is therefore DENIED. Ordered on 6/22/2026 by Judge Karin J. Immergut. (jy)