C.F. et al v. Lashway et al

Filing 76

ORDER denying Plaintiffs' 73 Motion for Reconsideration and request for relief from the 1/17/2018 deadline to file amended complaint. Signed by Judge Ricardo S Martinez. (PM)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 9 10 11 C.F., et al., CASE NO. C16-1205RSM Plaintiffs, 12 13 14 ORDER DENYING PLAINTIFFS’ MOTION FOR RECONSIDERATION AND RELIEF FROM DEADLINE v. LASHWAY, et al., 15 Defendants. 16 17 18 19 20 This matter is before the Court on Plaintiffs’ Motion for Reconsideration and Relief from Deadline. Dkt. #73. On January 10, 2018, Plaintiffs’ Motion for Leave to File First Amended Complaint (Dkt. #64) was granted in part and denied in part. See Dkt. #72. In that Order, Plaintiff 21 was permitted leave to file an amended complaint to remove Plaintiff J.P. and her next friend, to 22 amend their proposed class definition, to clarify allegations about Defendants’ policies and 23 practices, and to name the OFM as a defendant. Id. at 5. Plaintiff, however, was not permitted to 24 add the Arc of Washington as an organizational plaintiff. Id. at 4–5. Plaintiffs were ordered to 25 file their amended complaint by January 17, 2018. See id. at 5. Plaintiffs now seek reconsideration ORDER – 1 1 of the Court’s partial denial and also ask the Court to stay the deadline set forth in the Court’s prior 2 Order (Dkt. #72) pending resolution of this motion. Dkt. #73 at 2. The Court has reviewed 3 Plaintiffs’ motion and remains unpersuaded. 4 “Motions for reconsideration are disfavored.” Local Civil Rule 7(h)(1). Consequently, the 5 Court will “ordinarily deny such motions in the absence of a showing of manifest error in the prior 6 7 8 9 ruling or a showing of new facts or legal authority which could not have been brought to [the Court’s] attention earlier with reasonable diligence.” Id. Plaintiffs fail to meet this standard. Instead of showing a manifest error in the Court’s Order, or directing the Court to new facts or legal 10 authority which could not have been brought to the Court’s attention earlier, Plaintiffs’ motion for 11 reconsideration merely posits new arguments to support Plaintiffs’ requested addition of the Arc of 12 Washington as an organizational plaintiff. See Dkt. #73 at 2–6. Plaintiffs have already been given 13 14 15 16 17 18 19 two opportunities (in their motion to amend and their reply to Defendants’ opposition to that motion) to explain why the Arc of Washington should be added as a plaintiff, and the Court will not allow Plaintiffs to use Local Civil Rule 7(h) to present arguments it could have previously set forth. Plaintiffs’ motion for reconsideration, as well as its request for relief from the January 17, 2018, deadline to file their amended complaint, is accordingly DENIED. DATED this 17th day of January 2018. 20 A 21 22 RICARDO S. MARTINEZ CHIEF UNITED STATES DISTRICT JUDGE 23 24 25 ORDER – 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?