North v. Kohen

• Court: District Court, D. Nevada
• Decided: January 16, 2021
• Docket: 2:19-cv-01428
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3

4 DAVID NORTH, Case No. 2:19-cv-01428-RFB-VCF 5 Plaintiff, ORDER 6 v.

7 BRIAN KOHEN, et al.,

8 Defendants.

9 I. DISCUSSION 10 On September 28, 2020, this Court entered a screening order dismissing the 11 second amended complaint in its entirety without prejudice but without leave to amend in 12 this Court. (ECF No. 13 at 8). The Court directed Plaintiff to file his state tort action in 13 state court. (Id. at 7). Plaintiff now files a motion for reconsideration. (ECF No. 16). 14 A motion to reconsider must set forth “some valid reason why the court should 15 reconsider its prior decision” and set “forth facts or law of a strongly convincing nature to 16 persuade the court to reverse its prior decision.” Frasure v. United States, 256 F.Supp.2d 17 1180, 1183 (D. Nev. 2003). Reconsideration is appropriate if this Court “(1) is presented 18 with newly discovered evidence, (2) committed clear error or the initial decision was 19 manifestly unjust, or (3) if there is an intervening change in controlling law.” Sch. Dist. 20 No. 1J v. Acands, Inc., 5 F.3d 1255, 1263 (9th Cir. 1993). “A motion for reconsideration 21 is not an avenue to re-litigate the same issues and arguments upon which the court 22 already has ruled.” Brown v. Kinross Gold, U.S.A., 378 F.Supp.2d 1280, 1288 (D. Nev. 23 2005). 24 The Court has reviewed Plaintiff’s motion for reconsideration and finds that it did 25 not commit clear error in its initial decision. Plaintiff’s motion for reconsideration presents 26 law that is not applicable to Plaintiff’s case. (See ECF No. 16). As such, the Court denies 27 the motion for reconsideration. 28 1 Plaintiff also files a motion for the original version of the declaration filed at ECF 2 || No. 7. (ECF No. 17). Plaintiff states that he accidentally filed that document in the wrong 3 || case. (/d.) The Court grants the motion in part. The Court cannot send Plaintiff the 4 || original document, but it will send him a copy. 5 || Il. CONCLUSION 6 It is therefore ordered that the motion for reconsideration (ECF No. 16) is denied. 7 It is further ordered that the motion to obtain original document (ECF No. 17) is 8 || granted in part. The Clerk of the Court will send Plaintiff a copy of his declaration (ECF 9 || No. 7). 10 11 DATED THIS 16" day of January 2021. 12 13 As 14 UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28