McDermott v. United States Postal Service

Filing 15

ORDER denying Plaintiff's 14 Motion for Reconsideration. Signed by Judge James L. Robart. (MJV)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8 9 10 LANCE P. MCDERMOTT, 11 Plaintiff, v. 12 13 16 17 18 19 20 21 22 ORDER UNITED STATES POSTAL SERVICE, 14 15 CASE NO. C24-1943JLR Defendant. Before the court is Plaintiff Lance P. McDermott’s motion for reconsideration of the court’s January 16, 2025 minute order directing the Clerk to amend the caption of this matter to reflect that the United States Postal Service, rather than the Merit Systems Protection Board (“MSPB”), is the proper Defendant in this matter. (MFR (Dkt. # 14); see 1/16/25 Min. Order (Dkt. # 13).) Mr. McDermott asserts that the cases now before the court are “non-mixed cases” that do not involve allegations of disability discrimination and that, as a result, the MSPB is still the proper Defendant and that this ORDER - 1 1 court’s jurisdiction is still in question over his appeals. (See generally MFR.) The 2 Federal Circuit Court of Appeals, however, has determined that this matter is a “mixed 3 case” under 5 U.S.C. § 7702 and that jurisdiction is proper in this court. (See Fed. Cir. 4 Transfer Order (Dkt. # 1) at 2 (“Because Mr. McDermott pursued his discrimination 5 claims before the [MSPB] and wishes to continue to pursue those claims on judicial 6 review, we agree . . . that transfer to the United States District Court for the Western 7 District of Washington . .. is appropriate.”).) 8 “Motions for reconsideration are disfavored” and the “court will ordinarily deny 9 such motions in the absence of a showing of manifest error in the prior ruling or a 10 showing of new facts or legal authority which could not have been brought to its attention 11 earlier with reasonable diligence.” Local Rules W.D. Wash. LCR 7(h). Because the 12 second prong of this test does not apply to the court’s sua sponte amendment of the 13 caption, Mr. McDermott must show manifest error in the court’s January 16 order. This 14 he has failed to do. Therefore, the court DENIES Mr. McDermott’s motion for 15 reconsideration (Dkt. # 14). 16 Dated this 27th day of January, 2025. 17 A 18 JAMES L. ROBART United States District Judge 19 20 21 22 ORDER - 2

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