Vaca et al v. Harrah's Operating Company, Inc. et al
Filing
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ORDER that plaintiffs Motion for Reconsideration 243 is denied. Dr. Mashhoods deposition shall be completed by September 9, 2011. Either a dispositive motion or the Joint Pretrial Order shall be filed not later than October 12, 2011. Signed by Magistrate Judge Lawrence R. Leavitt on 8/15/11. (Copies have been distributed pursuant to the NEF - ECS)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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***
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MARILYNN SPROULE VACA, et al.,
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Plaintiffs,
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v.
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RIO PROPERTIES, INC.,
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Defendant.
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2:08-cv-00940-RLH-LRL
ORDER
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This case comes before the court on plaintiffs’ Motion for Reconsideration (#243). The court
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has considered the motion, non-party Dr. Firooz Mashhood’s Response (#244), and plaintiffs’ Reply
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(#246).
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Reconsideration (#245). The court has considered the motion, plaintiffs’ Response (#247), and Dr.
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Mashhood’s Reply (#248).
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1. Dr. Mashhood’s Motion to Strike Plaintiffs’ Motion for Reconsideration (#245)
Also before the court is Dr. Mashhood’s Motion to Strike Plaintiffs’ Motion for
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Although not expressly authorized by the Local Rules or mentioned in any of the Federal Rules
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of Civil Procedure, “[a] district court has the inherent power to reconsider and modify its interlocutory
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orders prior to the entry of judgment ....” Smith v. Massachusetts, 543 U.S. 462, 475 (2005).
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IT IS THEREFORE ORDERED that Dr. Mashhood’s Motion to Strike Plaintiffs’ Motion for
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Reconsideration (#245) is denied.
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2. Plaintiffs’ Motion for Reconsideration (#243)
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Reconsideration is an extraordinary remedy that “should not be granted, absent highly unusual
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circumstances, unless the district court is presented with newly discovered evidence, committed clear
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error, or if there is an intervening change in the controlling law.” Kona Enterprises, Inc. v. Estate of
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Bishop, 229 F.3d 877, 890 (9th Cir. 2000)(citation omitted). A motion for reconsideration is properly
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denied when it presents no arguments that were not already raised in its original motion. See Backlund
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v. Barnhart, 778 F.2d 1386, 1388 (9th Cir. 1985). Motions for reconsideration are not “the proper
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vehicles for rehashing old arguments,” Resolution Trust Corp. v. Holmes, 846 F.Supp. 1310, 1316
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(S.D.Tex. 1994) (footnotes omitted), and are not “intended to give an unhappy litigant one additional
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chance to sway the judge.” Durkin v. Taylor, 444 F.Supp. 879, 889 (E.D. Va. 1977).
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Plaintiffs simply rehash the arguments they made previously. They point to no newly discovered
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evidence or intervening change in controlling law that would require reconsideration. Nor does the
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court believe it committed clear error or that its ruling will result in manifest injustice. This case is over
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three years old.
It appears to be a straight-forward premises liability action that has, in the
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undersigned’s view, been mired down in petty disputes and overly litigated. Discovery closed more
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than a year ago. In this instance, the court has given plaintiffs’ counsel, who is a seasoned litigator,
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three full days to prepare for one deposition of an independent medical examiner. It is not clear error
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or manifest injustice to have done so. It is time to complete Dr. Mashhood’s deposition, close the book
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on discovery, and move forward with either a case dispositive motion or a Joint Pretrial Order.
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Accordingly, and for good cause shown,
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IT IS ORDERED that plaintiffs’ Motion for Reconsideration (#243) is denied.
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IT IS FURTHER ORDERED that Dr. Mashhood’s deposition shall be completed by September
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9, 2011.
IT IS FURTHER ORDERED that either a dispositive motion or the Joint Pretrial Order shall
be filed not later than October 12, 2011.
DATED this 15th day of August, 2011.
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LAWRENCE R. LEAVITT
UNITED STATES MAGISTRATE JUDGE
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