Gustafson Feis et al v. Mayo et al

Filing 108

ORDER signed by Hon. Michelle L. Peterson; Plaintiffs' 105 Motion for Reconsideration is DENIED.(TF)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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LISA GUSTAFSON FEIS, et al.,
Plaintiffs,

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Case No. C23-462-MLP
ORDER

v.
KEITH MAYO, et al.,
Defendants.

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This matter is before the Court on Plaintiffs Lisa Gustafson Feis and Julien Feis’

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(together, “Plaintiffs”) “Motion for Reconsideration, New Trial, and Amendment of Judgment

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Per CR 59.” (Mot. (dkt. # 105).) Plaintiffs’ Motion appears to be brought pursuant to Federal

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Rule of Civil Procedure (“Rule”) 59. (Id. at 1.) However, because Plaintiffs include a request for

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reconsideration, the Court will additionally consider their Motion pursuant to Local Civil Rule

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(“LCR”) 7(h).

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Plaintiffs’ Motion was filed on May 27, 2024. (Mot.) Under Rule 59, “[a] motion to alter

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or amend the judgment must be filed no later than 28 days after the entry of the judgment.” Fed.

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R. Civ. P. 59(e). Judgment was entered in this case on April 24, 2024, and thus Plaintiffs’

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Motion is untimely. (Dkt. # 102.) Plaintiffs state in the Motion that they “repeatedly tried to file

ORDER - 1

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the Motion on 0[5]/22/2024 1 onward but had PACER and/or hotel network issues.” (Mot. at 1.)

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This conclusory statement is insufficient to explain a five-day delay in electronic filing.

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“[T]he court may construe an untimely motion for reconsideration brought under Rule

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59(e) as a motion based on Rule 60(b).” Aronson v. Dog Eat Dog Films, Inc., 738 F. Supp. 2d

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1104, 1120 (W.D. Wash. 2010). Even if the Court were to consider Plaintiffs’ untimely Rule 59

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Motion under Rule 60, Plaintiffs have not met the required standard. A motion for

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reconsideration “may not be used to raise arguments or present evidence for the first time when

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they could reasonably have been raised earlier in the litigation.” Kona Enters., Inc. v. Est. of

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Bishop, 229 F.3d 877, 890 (9th Cir. 2000) (emphasis in original).

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The only “new evidence” Plaintiffs identify is that they discovered on May 22, 2024, that

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many of Ms. Feis’ medical records were “recently deleted from the patient portals of Proliance &

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Overlake.” (Mot. at 2.) Plaintiffs fail to explain how deletion of records around May 2024 is

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relevant to Plaintiffs’ claims in this case filed in March 2023. (See dkt. # 1.) Accordingly,

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consideration of this evidence would be unlikely to change the Court’s decision. See Aronson,

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738 F. Supp. 2d at 1120 (“In order for evidence to be considered ‘new’ for the purposes of Rule

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60(b), it must be of such a character that it would likely change the outcome of the court’s prior

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decision.”).

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Plaintiffs also argue that “attorney misconduct” by the prevailing parties warrants

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reconsideration. (Mot. at 17.) They cite privacy violations and harassment during depositions.

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(Id.) Plaintiffs fail to explain why this behavior warrants amending the Court’s Order or

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Judgment, which were not based on counsel’s behavior. The Court concludes Plaintiffs have

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failed to establish any grounds for relief under Rule 59 or Rule 60.

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Plaintiffs state they tried to file on “04/22/2024” but this must be a typographical error. (Mot. at 1; see
id. at 22 (“attempted 05/22”).)

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ORDER - 2

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Considered under LCR 7(h), Plaintiffs’ Motion is untimely. LCR 7(h)(2) (A motion for

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reconsideration “shall be filed within fourteen days after the order to which it relates is filed.”).

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In any case, under LCR 7(h)(1), motions for reconsideration are disfavored in this district. Such

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motions will be granted only upon a “showing of manifest error in the prior ruling” or “new facts

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or legal authority which could not have been brought to [the Court’s] attention earlier without

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reasonable diligence.” LCR 7(h)(1). Plaintiffs’ Motion does not show manifest error in the

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Court’s prior Order or Judgment, nor does it identify any new facts or legal authority that could

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not have been brought to the Court’s attention with reasonable diligence. Accordingly, Plaintiffs’

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Motion for Reconsideration (dkt. # 105) is DENIED.

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Dated this 5th day of June, 2024.

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A

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MICHELLE L. PETERSON
United States Magistrate Judge

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ORDER - 3