Robinson v. MGM Grand Det L L C

Filing 41

ORDER granting 40 plaintiff's Motion for Reconsideration. Defendant's Bill of Costs 30 is dismissed as moot. Signed by District Judge George Caram Steeh. (MBea)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
PRINCE ROBINSON,
Plaintiff,
Case No. 17-CV-13128
HON. GEORGE CARAM STEEH

vs.
MGM GRAND DETROIT, LLC,
Defendant.
__________________________/

ORDER GRANTING PLAINTIFF’S MOTION
FOR RECONSIDERATION (Doc. 40)
On January 17, 2019, this court affirmed Magistrate Judge Majzoub’s
order granting Defendant MGM Grand, LLC’s motion to compel Plaintiff’s
responses to discovery. Now before the court is Plaintiff’s motion for
reconsideration of that portion of this court’s order affirming the imposition
of costs and attorneys’ fees incurred by Defendant in filing the motion to
compel. Local Rule 7.1(h)(3) provides:
Generally, and without restricting the Court’s discretion, the
Court will not grant motions for rehearing or reconsideration that
merely present the same issues ruled upon by the Court, either
expressly or by reasonable implication. The movant must not
only demonstrate a palpable defect by which the court and the
parties and other persons entitled to be heard on the motion have
been misled but also show that correcting the defect will result in
a different disposition of the case.

-1-

Plaintiff argues, among other reasons, that the portion of this court’s order
awarding attorney fees and costs should be reversed because the
Magistrate Judge did not order compliance with the original discovery
requests, but ordered Plaintiff to respond to revised requests. Under these
circumstances, and considering the vagaries of the law regarding discovery
of social media activity, Plaintiff has demonstrated a palpable defect and
Plaintiff’s motion for reconsideration (Doc. 40) is GRANTED and
Defendant’s bill of costs (Doc. 30) is DISMISSED AS MOOT.
IT IS SO ORDERED.
Dated: February 4, 2019
s/George Caram Steeh
GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE

-2-