What is the test for reviewing a decision by a district judge to reconsider an interlocutory order by another judge of the same court?

MultiRegion, United States of America

The following excerpt is from Delta Savings Bank v. USA., 265 F.3d 1017 (9th Cir. 2001):

"We review for abuse of discretion a district judge's decision to reconsider an interlocutory order by another judge of the same court." Amarel v. Connell, 102 F.3d 1494, 1515 (9th Cir. 1997).

We have held that:

While courts have some discretion not to apply the doctrine of law of the case, that discretion is limited. The prior decision should be followed unless: (1) the decision is clearly erroneous and its enforcement would work a manifest injustice, (2) intervening controlling authority makes reconsideration appropriate, or (3) substantially different evidence was adduced at a subsequent trial.

Jeffries v. Wood, 114 F.3d 1484, 1489 (9th Cir. 1997) (citations, footnotes, and internal quotation marks omitted).

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