What is the test for abuse of discretion in denying a motion for reconsideration?

MultiRegion, United States of America

The following excerpt is from Howard v. Department of Health & Human Services, 15 F.3d 1085 (9th Cir. 1993):

We review for abuse of discretion a district court's denial of a motion for reconsideration. Fuller v. M.G. Jewelry, 950 F.2d 1437, 1441 (9th Cir.1991).

"Rule 60(b) ... provides for reconsideration only upon a showing of (1) mistake, surprise, or excusable neglect; (2) newly discovered evidence; (3) fraud; (4) a void judgment; (5) a satisfied or discharged judgment; or (6) 'extraordinary circumstances' which would justify relief.' " Id. at 1442; accord Backlund v. Barnhart, 778 F.2d 1386, 1388 (9th Cir.1985).

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