Thymes v. Verizon Wireless, Inc. et al

Filing 128

ORDER by Magistrate Judge William P. Lynch denying 124 Motion to Reconsider. (mej)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
CARL G. THYMES,
Plaintiff,
v.

CV 16-66 KG/WPL

VERIZON WIRELESS, INC., and
CARLOS RESTREPO,
Defendants.

ORDER DENYING MOTION TO RECONSIDER
Pro se Plaintiff Carl Thymes filed a motion to reconsider (Doc. 124) my order denying
his motions to compel (Doc. 116). Thymes again failed to comply with the Local Rules by not
including in his motion a certification that he conferred, in good faith, with opposing counsel
before filing this motion. D.N.M.LR-Civ. 7.1. Furthermore, Thymes provided no new
information or argument upon which to base a reconsideration of my prior order. The simple fact
that Verizon included a statement of how requests for admission should be construed and
answered does not negate the previous analysis. Thymes’s motions were denied, among other
reasons, because he failed to comply with the timing requirement of Local Rule 26.6 and because
Federal Rule of Civil Procedure 37 does not provide a mechanism to compel affirmative
admissions in response to requests for admission.
Thymes’s motion to reconsider is denied.
IT IS SO ORDERED.
___________________________________
William P. Lynch
United States Magistrate Judge
A true copy of this order was served
on the date of entry--via mail or electronic
means--to counsel of record and any pro se
party as they are shown on the Court’s docket.