Szmania v. Commissioner of Social Security
Filing
46
ORDER denying Plaintiff's 45 MOTION for Reconsideration, signed by Hon. Michelle L. Peterson. (KMP)
Case 3:20-cv-06228-MLP Document 46 Filed 11/17/21 Page 1 of 2
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA
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DANIEL GLEN SZMANIA,
Plaintiff,
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Case No. C20-6228-MLP
ORDER
v.
COMMISSIONER OF SOCIAL
SECURITY,
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Defendant.
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This matter comes before the Court on Plaintiff’s motion for reconsideration (“Plaintiff’s
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Motion”) of this Court’s previous order (dkt. # 43) denying his motion to compel. (Dkt. # 45.)
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Plaintiff’s Motion argues that reconsideration is appropriate because new facts demonstrate that
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an unnamed individual at the Department of Veterans Affairs (“VA”) changed his peripheral
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vertigo and Type II diabetes diagnoses dates. (Id. at 3.) Plaintiff further contends that he is
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entitled to his requested discovery “no matter if it is allowed to be viewed by this Court or not”
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and that “it does NOT matter if the documents can be used in this case or not before this
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Court[.]” (Id. at 3-4.)
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Under Local Rule 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
ORDER - 1
Case 3:20-cv-06228-MLP Document 46 Filed 11/17/21 Page 2 of 2
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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).
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Here, Plaintiff has failed to demonstrate manifest error in the Court’s prior ruling nor
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presented new facts or legal authority which could not have been brought to the Court’s attention
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earlier through reasonable diligence. Plaintiff’s cited new facts evidence comes from an April
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2019 VA Problem List (dkt. # 45-2) and a July 2021 VA Problem List (dkt. # 45-3). Plaintiff’s
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Motion does not indicate that he recently received these documents or otherwise provide any
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explanation for his failure to cite to this evidence in support of his motion to compel. As such,
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the arguments and evidence presented in Plaintiff’s Motion could have been brought to the
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Court’s attention earlier through reasonable diligence. See LCR 7(h)(1).
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In any event, Plaintiff’s allegations regarding whether the diagnoses dates were changed
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for his peripheral vertigo and Type II diabetes fails to demonstrate manifest error in the Court’s
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prior ruling or identify authority demonstrating Plaintiff is entitled to discovery in this case. This
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case concerns Plaintiff’s appeal of a Social Security disability determination made in July 2020
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(see dkt. # 11 at 19-31); any change in diagnoses dates made by the VA in July 2021 is not
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relevant.
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Plaintiff has not made either of the showings required by LCR 7(h)(1). Accordingly,
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Plaintiff’s Motion (dkt. # 45) is DENIED. The Clerk is directed to send copies of this Order to
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the parties.
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Dated this 17th day of November, 2021.
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A
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MICHELLE L. PETERSON
United States Magistrate Judge
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ORDER - 2
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