Irish et al v. Irish et al

Filing 24

ORDER Denying 23 Motion for District Judge to Reconsider Order. Signed by Judge James C. Mahan on 3/19/12. (Copies have been distributed pursuant to the NEF - EDS)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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LORI IRISH, et al.,

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2:10-CV-892 JCM (PAL)

Plaintiffs,
v.
NATIONAL LABOR RELATIONS
BOARD, et al.,
Defendants.

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ORDER
Presently before the court is plaintiff’s motion for this court to reconsider its prior order
dismissing the case and denying plaintiff leave to amend. (Doc. #23).

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Motions for reconsideration “should not be granted, absent highly unusual circumstances.”

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Kona Enters., Inc. v. Estate of Bishop, 229 F.3d 877, 890 (9th Cir. 2000). These circumstances are

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present where “the district court is presented with newly discovered evidence, committed clear error,

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or if there is an intervening change in the controlling law.” Id. Plaintiffs’ motion fails to persuade

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this court that any of these circumstances exist in the present case.

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Plaintiff contends that she was unaware of the local requirement that her motion seeking

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leave to amend be accompanied by the proposed, amended complaint. See Local Rule 15-1(a). She

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has since provided the court with a copy of the proposed amended complaint. The proposed,

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amended complaint does not materially differ from the original complaint such that Magistrate Judge

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Leen’s screening order is not equally applicable to the proposed, amended complaint. As such, the

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James C. Mahan
U.S. District Judge

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proposed amendments are futile, and denial of the instant motion is appropriate. See Foman v.

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Davis, 371 U.S. 178, 182 (1962) (explaining that leave to amend should be denied where the

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amendments are futile).

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Accordingly,

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED, that plaintiff’s motion for

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reconsideration (doc. #23) be, and the same hereby is, DENIED.
DATED March 19, 2012.

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UNITED STATES DISTRICT JUDGE
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James C. Mahan
U.S. District Judge

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