755 F.Supp.3d 344
W.D.N.Y.2024Background
- Plaintiff Jose Shomo, a pro se prisoner at Wende Correctional Facility, filed suit alleging events occurring at Wende between 2015 and 2017.
- The Court dismissed Shomo's action on March 14, 2024, under Federal Rule of Civil Procedure 37(b)(2) (failure to comply with discovery orders) and, alternatively, Rule 41(b) (failure to prosecute).
- Shomo filed a timely motion for reconsideration, claiming he was prevented from filing responses due to inadequate assistance and that the Court overlooked issues he raised.
- Defendants opposed the motion, arguing Shomo provided no valid basis for reconsideration.
- The Court assumed familiarity with previous rulings and emphasized the strict standard for reconsideration motions in this circuit.
- Ultimately, Shomo's motion was denied as he failed to show new controlling law, new evidence, or a clear error.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Motion for reconsideration | Lacked assistance to comply with discovery/orders | No valid grounds; Shomo had ample participation | Denied—failure to show new law, evidence, or error |
| Compliance with discovery and court orders | Prevented from complying by Defendants | Plaintiff's claims contradicted by record | Denied—Court previously found Plaintiff willfully noncompliant |
| Failure to address strike-based dismissal | Court did not rule on all strike-related issues | Unrelated; case not dismissed for strikes | Denied—Dismissal was for noncompliance, not strikes |
| Jurisdiction to consider motion after appeal | — | — | Court had jurisdiction under Rules 59/60 and FRAP 4 |
Key Cases Cited
- Griggs v. Provident Consumer Discount Co., 459 U.S. 56 (1982) (discussing effect of appeal on district court jurisdiction)
- Shrader v. CSX Transp., Inc., 70 F.3d 255 (2d Cir. 1995) (strict standard for granting motions for reconsideration)
- Virgin Atl. Airways, Ltd. v. Nat’l Mediation Bd., 956 F.2d 1245 (2d Cir. 1992) (lists grounds for reconsideration motions)
- United States v. Adegbite, 877 F.2d 174 (2d Cir. 1989) (clear conviction of error standard for review)