Wesco Insurance Company v. Smart Industries Corporation

Filing 413

ORDER Denying 412 Motion For Clarification without prejudice. Motions due by 7/28/2022. Responses due by 8/3/2022. Signed by Magistrate Judge Nancy J. Koppe on 7/26/2022. (Copies have been distributed pursuant to the NEF - JQC)

Case 2:16-cv-01206-JCM-NJK Document 413 Filed 07/26/22 Page 1 of 2

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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WESCO INSURANCE COMPANY,

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Case No. 2:16-cv-01206-JCM-NJK

Plaintiff(s),

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ORDER

v.

[Docket No. 412]

SMART INDUSTRIES CORPORATION,
Defendant(s).

Pending before the Court is the Wyman Plaintiffs’ motion for reconsideration, filed on July

13 25, 2022. Docket No. 412.
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Given that the underlying order was issued 27 months ago, see Docket No. 199, the motion

15 does not appear to be timely, see Local Rule 59-1(c) (“Motions for reconsideration must be brought
16 within a reasonable time. Lack of diligence or timeliness may result in denial of the motion”). No
17 argument has been presented to the contrary. Moreover, the only legal authority provided in the
18 motion deals with the Nevada Supreme Court’s treatment of “motions for clarification.” See
19 Docket No. 412 at 6. This case is being litigated in the United States District Court, however, so
20 the case law presented is inapposite. Plaintiffs must provide legal authority that is pertinent to the
21 request being made in this courthouse.
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In light of these deficiencies, the motion for reconsideration is DENIED without prejudice.

23 Any renewed motion must be filed by July 28, 2022, must provide robust discussion as to
24 timeliness, must include citation to pertinent legal authorities, and must otherwise include
25 meaningful discussion of the issues.

The Court also reminds counsel that motions for

26 reconsideration are disfavored, Local Rule 59-1(b), and that sanctions may be imposed for their
27 improper use, see, e.g., id. If the motion for reconsideration is renewed, any response must be
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Case 2:16-cv-01206-JCM-NJK Document 413 Filed 07/26/22 Page 2 of 2

1 filed by August 3, 2022.1 Given the proximity to trial, no reply will be allowed without leave of
2 court. No extensions will be provided.
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IT IS SO ORDERED.

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Dated: July 26, 2022
______________________________
Nancy J. Koppe
United States Magistrate Judge

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The Court reminds counsel that the deadlines set herein control regardless of any contrary
28 indications in the notices automatically generated by CMECF. Local Rule IC 3-1(d).

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