Miller et al v. Sawant et al

Filing 124

ORDER denying Plaintiffs' 123 MOTION for Reconsideration. Signed by Judge Marsha J. Pechman. (SB)

Case 2:18-cv-00506-MJP Document 124 Filed 01/25/23 Page 1 of 2

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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SCOTT MILLER, MICHAEL
SPAULDING,
Plaintiffs,

CASE NO. C18-506 MJP
ORDER DENYING MOTION FOR
RECONSIDERATION

v.
KSHAMA SAWANT,
Defendant.

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This matter comes before the Court on Plaintiffs’ Motion for Reconsideration. (Dkt. No.
123.) Having reviewed the Motion and all supporting materials, the Court DENIES the Motion.
Motions for reconsideration are disfavored. Local Civil Rule 7(h)(1). “The court will
ordinarily deny such motions in the absence of a showing of manifest error in the prior ruling or
a showing of new facts or legal authority which could not have been brought to its attention
earlier with reasonable diligence.” Id.
Plaintiffs assert that the Court committed manifest error in denying their request for fees
and costs under Rule 37. There is no merit to this argument. As Plaintiffs concede, fees and costs

ORDER DENYING MOTION FOR RECONSIDERATION - 1

Case 2:18-cv-00506-MJP Document 124 Filed 01/25/23 Page 2 of 2

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are not appropriate if the failure to provide the discovery sought was “substantially justified or

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other circumstances make an award of expenses unjust.” Fed. R. Civ. P. 37(d)(3). The Court

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provided a complete analysis of the reasons why an award of fees and costs was not appropriate

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on the record before it. (See Order on Motion to Compel at 4-6 (Dkt. No. 115).) Plaintiffs’

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Motion for Reconsideration simply reargues points that were or could have been made and it

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fails to demonstrate any manifest error in the Court’s decision. The Court DENIES the Motion.

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The clerk is ordered to provide copies of this order to all counsel.

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Dated January 25, 2023.

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A
Marsha J. Pechman
United States Senior District Judge

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ORDER DENYING MOTION FOR RECONSIDERATION - 2