Allen v. Quest Online LLC et al

Filing 189

ORDER granting 176 Plaintiff's Motion to Amend, Plaintiff is directed to immediately file his proposed Amended Complaint; and denying 186 Plaintiff's Motion for Reconsideration. See PDF document for details. Signed by Judge G Murray Snow on 2/16/12.(LSP)

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WO

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Plaintiff,
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vs.
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Quest Online, LLC, an Arizona Limited )
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Liability Company, et. Al. ,
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Defendant.
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David Allen, a married man,

No. CV-11-138-PHX-GMS
ORDER

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Pending before the Court are: Plaintiff’s Motion to Amend the Complaint (Doc. 176),

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and (2) Plaintiff’s Motion For Reconsideration (Doc. 186). For the reasons stated below,

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Plaintiff’s Motion to Amend is granted. Plaintiff’s Motion for Reconsideration is denied.

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In light of the Court permitting Mr. Allen to withdraw his self-designation as a public figure

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as amended from his earlier complaint, the Court will revise the scheduling order as further

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set forth below.

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Plaintiff’s Motion to Amend is granted. Although not much has been added to the

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trade libel and civil conspiracy claims, proposed counts four and five, sufficient pleadings

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have been made to defeat a motion to dismiss at this stage of the litigation. To the extent that

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Plaintiff adds a count for fraudulent misrepresentation, the claim is barely pleaded with

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sufficient particularity as is required by the rule. Fed. R. Civ. P. 9(b) (“[i]n alleging fraud

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or mistake, a party must state with particularity the circumstances constituting fraud.”) It

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will, therefore, not be dismissed as failing to state a claim. Therefore, Plaintiff’s Motion to

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Amend is granted. Plaintiff will file an amended complaint in the form of that proposed.

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The deadlines for disclosing experts and opinions, together with responses and rebuttals will

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be extended as follows.

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1.

The party with the burden of proof on an issue shall provide full and complete

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expert disclosures as required by Rule 26(a)(2)(A)-(C) of the Federal Rules of Civil

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Procedure no later than April 6, 2012.

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2.

Responding party shall provide full and complete expert disclosures as required

by Rule 26(a)(2)(A)-(C) of the Federal Rules of Civil Procedure no later than May 11, 2012.
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Rebuttal expert disclosures, if any, shall be made no later than June 1, 2012.

Rebuttal experts shall be limited to responding to opinions stated by initial experts.

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No other deadline shall be changed.

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The Court has reviewed Plaintiff’s Motion for Reconsideration.

Motions for

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reconsideration are disfavored. Nor should such motions ask the Court to “rethink what the

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court has already thought through–rightly or wrongly.” See United States v. Rezzonico, 32

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F.Supp.2d 1112, 1116 (D. Ariz. 1998) (quoting Above the Belt, Inc. v. Mel Bohannon

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Roofing, Inc., 99 F.R.D. 99, 101 (E.D. Va. 1983)). That is all that Plaintiff’s Motion for

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Reconsideration does. It is, therefore, denied.

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IT IS THEREFORE ORDERED:

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1.

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Plaintiff’s Motion to Amend (Doc. 176) is granted and Plaintiff is directed to

immediately file his proposed Amended Complaint.

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2.

Plaintiff’s Motion for Reconsideration (Doc. 186) is denied.

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3.

The following discovery deadlines are extended as follows:

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a.

The party with the burden of proof on an issue shall provide full and

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complete expert disclosures as required by Rule 26(a)(2)(A)-(C) of the Federal Rules of Civil

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Procedure no later than April 6, 2012.

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b.

Responding party shall provide full and complete expert disclosures as

required by Rule 26(a)(2)(A)-(C) of the Federal Rules of Civil Procedure no later than May
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11, 2012.

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c.

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Rebuttal expert disclosures, if any, shall be made no later than June 1, 2012.

Rebuttal experts shall be limited to responding to opinions stated by initial experts.

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d.

All other deadlines in the Case Management Order will remain the same.

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DATED this 16th day of February, 2012.

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