Trujillo v. Landsman

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 JORGE TRUJILLO, Case No. 2:20-cv-01643-GMN-VCF 4 Plaintiff ORDER 5 v. 6 H. LANDSMAN et al., 7 Defendants [8] 9 I. DISCUSSION 10 Plaintiff has filed an objection to the Court’s screening order (ECF No. 6) and a 11 motion to exclude case from mediation (ECF No. 7). 12 The Court interprets Plaintiff’s objection as a motion for reconsideration. Although 13 difficult to decipher, it appears that Plaintiff’s motion for reconsideration is based on this 14 Court’s dismissal without prejudice against Defendant Hutchings. (ECF No. 6 at 2). The 15 Court dismissed Defendant Hutchings without prejudice because there were no 16 allegations against him in the complaint. (ECF No. 4 at 6). 17 A motion to reconsider must set forth “some valid reason why the court should 18 reconsider its prior decision” and set “forth facts or law of a strongly convincing nature to 19 persuade the court to reverse its prior decision.” Frasure v. United States, 256 F.Supp.2d 20 1180, 1183 (D. Nev. 2003). Reconsideration is appropriate if this Court “(1) is presented 21 with newly discovered evidence, (2) committed clear error or the initial decision was 22 manifestly unjust, or (3) if there is an intervening change in controlling law.” Sch. Dist. 23 No. 1J v. Acands, Inc., 5 F.3d 1255 , 1263 (9th Cir. 1993). “A motion for reconsideration 24 is not an avenue to re-litigate the same issues and arguments upon which the court 25 already has ruled.” Brown v. Kinross Gold, U.S.A., 378 F.Supp.2d 1280, 1288 (D. Nev. 26 2005). 27 The Court denies Plaintiff’s motion for reconsideration (ECF No. 6). The Court has 28 reviewed Plaintiff’s complaint (ECF No. 5) and once again finds no allegations against 1 Defendant Hutchings. As such, the Court did not commit clear error and the initial 2 decision was not manifestly unjust. 3 Additionally, the Court denies Plaintiff’s motion to exclude the case from mediation 4 (ECF No. 7). 5 II. CONCLUSION 6 It is ordered that the objection (ECF No. 6) is construed as a motion for 7 reconsideration and denied. 8 It is further ordered that the motion to exclude case from mediation (ECF No. 7) is 9 denied. [9] 11 DATED THIS _____ day of August 2021. [12] 13 Gloria M. Navarro, Judge United States District Court