Vinayagam v. US Dept Labor-Adminisrative Review Board

Opinion

1 2 3 6 * * *

7 NITHYA VINAYAGAM, Case No. 2:18-cv-01206-RFB-DJA

8 Plaintiff, ORDER 9 v.

ADMINISTRATIVE REVIEW BOARD, 11 et. al.,

12 Defendants.

13 14 Before the Court for consideration is Plaintiff’s Motion for Reconsideration. ECF No. 19. 15 The Court has discretion to grant or deny a motion for reconsideration. Navajo Nation v. 16 Norris, 331 F.3d 1041, 1046 (9th Cir. 2003). Motions for reconsideration are disfavored, and a 17 movant may not repeat arguments already presented. D. Nev. Civ. R. 59-1(b). Conversely, “A 18 motion for reconsideration may not be used to raise arguments or present evidence for the first 19 20 time when they could reasonably have been raised earlier in the litigation.” Marlyn Nutraceuticals, 21 Inc v. Mucos Pharma GmbH & Co., 571 F.3d 873, 880 (internal quotations and citations omitted). 22 In its Order at ECF No. 18, this Court granted Plaintiff partial relief from judgment in order 23 to determine whether an amended complaint could cure the deficiencies in her earlier pleadings. 24 See ECF Nos. 7, 12, 15. The Court invited Plaintiff to submit an order for reconsideration to allow 25 26 the Court an opportunity to consider the merits of Plaintiff’s claims. 27 The amended complaint is in clear violation of Fed. R. Civ. P. 8, 10, 18, and 20. The 28 amended complaint appears to have stated at least some claims which the Court may recognize, 1 but the Court is not able to discern what exactly Plaintiff claims and against which Defendants 2 claims are brought. Pursuant to Fed. R. Civ. P. 8(a) provides that a complaint “that states a claim 3 for relief” must contain “a short and plain statement of the claim showing that the [plaintiff] is 4 entitled to relief.” Plaintiff is also cautioned that, pursuant to Fed. R. Civ. P. 20(a)(2), Defendants 5 6 may only be permissively joined in one action if: “(A) any right to relief is asserted against them 7 jointly, severally, or in the alternative with respect to or arising out of the same transaction, 8 occurrence, or series of transactions or occurrences; and (B) any question of law or fact common 9 to all defendants will arise in the action.” 10 IT IS THEREFORE ORDERED that [19] Motion for Reconsideration is GRANTED in 11 12 part. Plaintiff is hereby granted leave for one final opportunity to file a complaint that is compliant 13 with the Federal Rules of Civil Procedure. For the reasons stated above, IT IS FURTHER 14 ORDERED that [20] Amended Complaint is DISMISSED. 15 IT IS FURTHER ORDERED that Plaintiff shall until April 29, 2022 to file a motion to 16 amend her complaint and attach a complaint consistent with this Order. 17 18 DATE: March 31, 2022. 19

20 __________________________________ 21 RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE 22

23 24 25 26 27 28