Devin Cristian Curtis v. Sgt. Don Anderson, Sgt. Rasheed Ben-Sultana, C/O Smith, and C/O Moseman

Opinion

1 FILED IN THE U.S. DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 2 May 14, 2026 3 SEAN F. MCAVOY, CLERK 4 5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 6

7 DEVIN CRISTIAN CURTIS, NO. 2:25-CV-0074-TOR 8 Plaintiff, ORDER DENYING 9 v. RECONSIDERATION

10 SGT. DON ANDERSON, SGT. RASHEED BEN-SULTANA, C/O 11 SMITH, and C/O MOSEMAN,

12 Defendants. 13 BEFORE THE COURT is Plaintiff’s Motion for Reconsideration (ECF No. 14 43). This matter was submitted for consideration without oral argument. The 15 Court has reviewed the records and files herein and is fully informed. 16 The Court previously denied Plaintiff’s motion for partial summary 17 judgment and motion for default. ECF Nos. 40, 41. Plaintiff moves for 18 reconsideration of the Court’s orders. ECF No. 43. 19 Reconsideration may be appropriate in cases that “involve an intervening 20 change in the law, the availability of new evidence, or the need to correct a clear 1 error or prevent manifest injustice.” Seiko Epson Corp. v. Glory S. Software Mfg., 2 Inc., 684 F. Supp. 2d 1231, 1242 (D. Or. 2010). Whether to grant a motion for

3 reconsideration is within the sound discretion of the court. Navajo Nation v. 4 Confederated Tribes and Bands of the Yakima Nation, 331 F.3d 1041, 1046 (9th 5 Cir. 2003). The Court does not find reconsideration is warranted here.

6 The Court did not find that any delay in conducting the Rule 26 conference 7 was “due to the willfulness, bad faith, or fault” on the part of Defendants 8 warranting default judgment. Hester v. Vision Airlines, Inc., 687 F.3d 1162, 1169 9 (9th Cir. 2012); ECF No. 36. Moreover, the Court previously ruled that Plaintiff’s

10 motion for partial summary judgment was premature as discovery had not yet 11 begun and deferred ruling on it. ECF No. 32. When a summary judgment motion 12 is premature, a court may “(1) defer considering the [summary judgment] motion

13 or deny it; (2) allow time to obtain affidavits or declarations or to take discovery; 14 or (3) issue any other appropriate order.” Fed. R. Civ. P. 56(d). The discovery 15 cutoff date is set for July 3, 2026 pursuant to the Bench Trial Scheduling Order. 16 ECF No. 42. Therefore, Plaintiff may refile the motion once the parties have had

17 time to take discovery. 18 // 19 //

20 // ACCORDINGLY, IT IS HEREBY ORDERED: 2 1. Plaintiff's Motion for Reconsideration (ECF No. 43) is DENIED. 3 The District Court Executive is directed to enter this Order and furnish copies to counsel. 5 DATED May 14, 2026.

7 THOMAS Gk <> United States District Judge 8 9 10 11 12 13 14 15 16 17 18 19 20