Garland v. Stanley, et al.

Filing 47

ORDER Denying Motion For Reconsideration (ECF No. 41 ), signed by Magistrate Judge Michael J. Seng on 3/19/2015. Plaintiffs Response (ECF No. 41 ), which the Court construes as a motion for reconsideration, is HEREBY DENIED.(Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SHAUN DARNELL GARLAND ,

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Plaintiff,

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CASE NO. 1:12-cv-01755-AWI-MJS (PC)
ORDER
DENYING
RECONSIDERATION

MOTION

FOR

v.
(ECF No. 41)
C. STANLEY, et al.,

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Defendants.

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I.

PROCEDURAL HISTORY

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil

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rights action brought pursuant to 42 U.S.C. § 1983. The action proceeds against

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Defendants Lindsey, Nickell, Stanley, and Doe on Plaintiff’s Eighth Amendment

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conditions of confinement claim. (ECF Nos. 6 & 8.) Defendants Lindsey, Nickell, and

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Stanley were served and have appeared in the action. (ECF Nos. 12 & 15.) Defendant

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Doe has not been identified.

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On March 24, 2014, Plaintiff filed a motion to compel a further response to his

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request for admissions. (ECF No. 22.) On August 5, 2014, Defendants filed a motion for

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summary judgment. On September 5, 2014, Plaintiff’s filed a motion to reopen discovery

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and for an extension of time to oppose the summary judgment motion. (ECF No. 28.) On

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February 2, 2015, the Court denied Plaintiff’s motion to compel, and granted in part and

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denied in part his motion to reopen discovery. (ECF No. 37.)

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Before the Court is Plaintiff’s “Response” to the February 2, 2015 discovery order,

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which the Court construes as a motion for reconsideration. (ECF No. 41.) Defendants

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filed no opposition.

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II.

LEGAL STANDARD

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Federal Rule of Civil Procedure 60(b)(6) allows the Court to relieve a party from

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an order for any reason that justifies relief. Rule 60(b)(6) “is to be used sparingly as an

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equitable remedy to prevent manifest injustice and is to be utilized only where

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extraordinary circumstances” exist. Harvest v. Castro, 531 F.3d 737, 749 (9th Cir. 2008)

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(internal quotations marks and citation omitted).

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“A motion for reconsideration should not be granted, absent highly unusual

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circumstances, unless the district court is presented with newly discovered evidence,

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committed clear error, or if there is an intervening change in the controlling law.” Marlyn

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Nutraceuticals, Inc. v. Mucos Pharma GmbH & Co., 571 F.3d 873, 880 (9th Cir. 2009).

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“A motion for reconsideration may not be used to raise arguments or present evidence

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for the first time when they could reasonably have been raised in earlier litigation.” Id.

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Moreover, “recapitulation of the cases and arguments considered by the court before

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rendering its original decision fails to carry the moving party's burden.” U.S. v. Westlands

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Water Dist., 134 F. Supp. 2d 1111, 1131 (9th Cir. 2001) (quoting Bermingham v. Sony

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Corp. of Am., Inc., 820 F. Supp. 834, 856-57 (D.N.J. 1992)). Similarly, Local Rule 230(j)

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requires that a party seeking reconsideration show that “new or different facts or

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circumstances are claimed to exist which did not exist or were not shown upon such

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prior motion, or what other grounds exist for the motion . . . .”

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III.

Discussion

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A.

February 2, 2015 Order Denying Leave to Reopen Discovery

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Relevant to the issues presented here, Plaintiff sought leave to reopen discovery

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to obtain an inmate count for his housing unit. Plaintiff sought this information in order to

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determine whether a regular cell was available for Plaintiff, rather than the holding cell

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where he was housed. (ECF No. 28.) The Court denied this request on the grounds that

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the information did not appear necessary to oppose the motion for summary judgment

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and, in any event, there was nothing to indicate Plaintiff diligently sought this information

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prior to the close of discovery. (ECF No. 37.)

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Plaintiff also sought to reopen discovery to determine whether the holding cell

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was, as Defendants assert, “climate controlled.” (ECF No. 28.) However, in his reply,

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Plaintiff stated his willingness to forego further discovery on this issue. (ECF No. 32.)

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Accordingly, this request was not addressed by the Court. (ECF No. 37.)

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B.

Motion for Reconsideration

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Plaintiff objects to the Court’s February 2, 2015 order on two grounds. First,

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Plaintiff argues that the Court incorrectly concluded that discovery regarding the inmate

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count was not necessary to oppose the motion for summary judgment. He points out that

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Defendants’ declarations state that the holding cell was used as overflow when no other

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cells were available, and that Plaintiff was placed in the holding cell because the housing

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unit was full.

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Plaintiff is correct that Defendants’ declarations so state. However, as stated in

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the Court’s prior order, Defendants’ motion for summary judgment contends that the

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conditions in the holding cell did not violate the Eighth Amendment. Defendants do not

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argue that they subjected Plaintiff to undesirable conditions because no other housing

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was available. Further, even if such arguments had been presented, Plaintiff has not

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shown the requisite diligence necessary to reopen discovery. Indeed, Plaintiff provides

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no explanation as to why he did not pursue this issue while discovery was open.

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Accordingly, Plaintiff’s motion for reconsideration on this ground will be denied.

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Second, Plaintiff appears to object to Defendants’ contention that the holding cell

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was “climate-controlled.” (ECF No. 41.) As noted, this issue was not addressed by the

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Court. Nevertheless, Plaintiff endeavors to present facts contesting whether the holding

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cell was climate controlled or excessively cold. Plaintiff’s arguments do not raise an

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issue of fact or law under the discovery order. If Plaintiff wishes to contest Defendants’

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evidence, the proper time to do so is in opposition to the motion for summary judgment

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or at trial.

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IV.

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CONCLUSION AND ORDER
Based on the foregoing, Plaintiff’s “Response” (ECF No. 41), which the Court

construes as a motion for reconsideration, is HEREBY DENIED.

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IT IS SO ORDERED.
Dated:

March 19, 2015

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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