Collins v. Barber et al

Filing 133

ORDERED that the Motion for Reconsideration (Doc. 122 ) is DENIED. IT IS FURTHER ORDERED that the Motion to Extend Time to File Dispositive Motions (Doc. 116 ) is DENIED. IT IS FURTHER ORDERED that the Motion for Settlement Conference (Doc. 113 ) is GRANTED, and the case is referred to the Honorable Bruce G. Macdonald for a settlement conference on July 21, 2021 at 9:30. The parties shall comply with directives for the settlement conference issued by Judge Macdonald. IT IS FURTHER ORDERED that the Motion to Consolidate (Doc. 105 ) this case with CV 21-140-TUC-DCB is DENIED because that case is closed. Signed by Senior Judge David C Bury on 6/4/21. (Associated Cases: 4:19-cv-00174-DCB, 4:21-cv-00140-DCB-PSOT) (MYE)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Jim Collins,

No. CV-19-00174-TUC-DCB
Plaintiff,

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v.

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ORDER

Beau Barber, et al.,

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Defendants.

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On February 16, 2021, this case was reassigned to this Court with discovery motions

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pending and a Motion for Summary Judgment filed by the Plaintiff but not yet fully briefed.

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Discovery had closed on January 18, 2021, with the discovery motions pending.

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On March 9, 2021, the Court issued an Order in favor of the Plaintiff, requiring

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Defendants to respond to certain discovery requests and extending the discovery deadline

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for this limited purpose. (Order (Doc. 74)). The Court also granted a request from

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Defendants to extend the dispositive motions deadline and dismissed the Plaintiff’s Motion

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for Summary Judgment as moot without prejudice to it being reurged subsequent to

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obtaining the discovery responses from the Defendants. This too favored the Plaintiff to

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afford him an opportunity to edit his dispositive motion to incorporate any supporting

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evidence resulting from the allowed discovery. On May 20, 2021, the Plaintiff filed a

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Motion for Reconsideration of this Order. (Doc. 122.)

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The Motion for Reconsideration is untimely. Reconsideration must be sought within

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14 days of the filing date of the Order that is the subject of the requested reconsideration.

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LRCiv. 7.2(g). The Court, nevertheless, addresses the Plaintiff’s charge that the Court

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violated his due process by issuing the March 9, 2021, Order without a Response from the

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Plaintiff to Defendants’ request for extending the dispositive motions deadline. As he

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recognizes, he did not file his Response (Doc. 76) until March 11, 2021 and filed a

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supplement (Doc. 78) to show good cause for the late Response on March 12, 2021. The

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Court had, however, already issued its Order on March 9, 2021. The Plaintiff did not seek

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timely reconsideration of this Order.

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The Court has addressed the Plaintiff’s concern that the Court’s March 9, Order,

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allowed the Defendants to disclose a new defense that probable cause existed for Plaintiff’s

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arrest and, therefore, he needed to conduct additional discovery relevant to this new

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defense. As the Court tried to explain when it denied Plaintiff’s last discovery motions,

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(Order (Doc. 106) at 5), discovery requires disclosure of relevant evidence and facts, not

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legal theories. See Fed. R. Civ. P. 26(a)(1)(A) (requiring disclosure of names and contact

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information of individuals likely to have discoverable information—that the disclosing

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party may use to support its claims or defenses). In other words, the Defendant was required

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to disclose evidence during discovery it intends to use to support a defense raised either on

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summary judgment or at trial.

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The Plaintiff asserts that he has been severely prejudiced by the Court’s March 9,

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2021, Order because he had bargained with Defendants to conduct depositions after the

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dispositive motions’ deadline. The Court notes such bargains are not allowed because the

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parties may not agree to extend case management deadlines, which are set by Order of the

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Court, without Court approval. This information would not have changed the Court’s

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denial of additional time to conduct depositions beyond the extension it granted in its

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March 9, 2020, Order. (Doc. 106.)

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The Plaintiff’s pro se status does not relieve him of complying with the Federal

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Rules of Civil Procedure, the Rules of Practice and Procedure of the U.S. District Court for

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the District of Arizona (LRCiv.) and orders issued by this Court. Pro se litigants must

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follow the same rules of procedure that govern other litigants. King v. Atiyeh, 814 F.2d

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565, 567 (9th Cir. 1987), overruled on other grounds by Lacey v. Maricopa Cty., 693 F.3d

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896 (9th Cir. 2012); United States v. Merrill, 746 F.2d 458, 465 (9th Cir.1984), cert. denied,

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469 U.S. 1165, 105 S.Ct. 926, 83 L.Ed.2d 938 (1985).

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Accordingly,

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IT IS ORDERED that the Motion for Reconsideration (Doc. 122) is DENIED.

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IT IS FURTHER ORDERED that the Motion to Extend Time to File Dispositive

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Motions (Doc. 116) is DENIED.

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IT IS FURTHER ORDERED that the Motion for Settlement Conference (Doc.

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113) is GRANTED, and the case is referred to the Honorable Bruce G. Macdonald for a

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settlement conference on July 21, 2021 at 9:30. The parties shall comply with directives

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for the settlement conference issued by Judge Macdonald.

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IT IS FURTHER ORDERED that the Motion to Consolidate (Doc. 105) this case
with CV 21-140 TUC DCB is DENIED because that case is closed.
Dated this 4th day of June, 2021.

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