Stoller v. Bank of New York Mellon Trust Company, 2:11-cv-01105

Stoller v. Bank of New York Mellon Trust, et al., D. Ariz. No. CV 11-01105-PHX-GMS-JRI.
On Nov. 7, 2011 the court dismissed the action without prejudice for failure to pay the $350 filing fee or to file an approved in forma pauperis (IFP) application.
Plaintiff filed motions for reconsideration and to proceed IFP on Nov. 16, 2011 (Docs. 70, 71).
The July 25, 2011 order required payment of the fee or filing of a court-approved IFP form with complete indigence documentation.
Plaintiff asserted jail officials would not sign the IFP form and that jail policy prevented photocopying in a Sept. 14, 2011 Judicial Notice.
The court denied the motions, concluding no complete IFP application was filed and the dismissal should stand; the court also certified that any appeal would not be taken in good faith.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether reconsideration was proper under controlling standards	Stoller	Bank of New York Mellon Trust	No, reconsideration denied
Whether Plaintiff complied with IFP requirements to avoid dismissal	Failure to fully complete IFP and account statements	Plaintiff did not submit approved form with required statements	No compliance; dismissal remains without prejudice
Whether dismissal should be without prejudice and appeal would be in good faith	Dismissal unjust	Dismissal appropriate; appeal not in good faith	Dismissal maintained; appeal deemed not in good faith

School Dist. No. 1J, Multnomah County, Or. v. ACandS, Inc., 5 F.3d 1255 (9th Cir. 1993) (standard for reconsideration: new evidence, clear error, or intervening law)
Above the Belt, Inc. v. Mel Bohannon Roofing, Inc., 99 F.R.D. 99 (E.D. Va. 1983) (reconsideration not to be used to reargue settled issues)
Sullivan v. Faras-RLS Group, Ltd., 795 F. Supp. 305 (D. Ariz. 1992) (directs where to rest arguments on reconsideration)