316 F.R.D. 1
D.D.C.2014Background
- Pro se plaintiff Walsh moves under Rule 59 for reconsideration of a prior order denying relief from a dismissal.
- The earlier orders (Walsh I and Walsh II) denied relief because Walsh failed to show dispositive new evidence, reasserted rejected arguments, or extraordinary circumstances.
- Walsh argues an intervening change in controlling law due to Klayman v. Obama, citing a 2013 DD.C. decision.
- The court clarifies that the cited change is not a controlling or substantive change in law.
- The court notes Walsh re-argued arguments already presented and that reconsideration is disfavored for relitigating old matters.
- The court denies Walsh’s Rule 59 motion and any remaining motions as moot.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there an intervening change in controlling law? | Walsh identifies Klayman as a new controlling authority. | Klayman does not change controlling law; it does not alter the prior reasoning. | No intervening change in controlling law. |
| Did Walsh present new evidence or manifest injustice warrant relief? | Walsh argues new arguments and evidence from Klayman support relief. | No new dispositive evidence or extraordinary circumstances were shown. | No new evidence or extraordinary circumstances shown. |
| Was reconsideration appropriate to relitigate old matters? | Walsh reiterates previously raised arguments and evidence. | Reconsideration is not for relitigating old matters. | Reconsideration denied as improper relitigation. |
| Do changes in other courts’ opinions affect this decision? | Walsh relies on Judge Leon’s Klayman decision as controlling. | Decisions from other district judges are not controlling law. | Not controlling; does not require relief. |
Key Cases Cited
- Goodman v. Blount, 427 Fed.Appx. 8 (D.C. Cir. 2011) (intervening-change-and-relief standards for Rule 59)
- Wright v. FBI, 598 F.Supp.2d 76 (D.D.C. 2009) (motions for reconsideration are disfavored and extraordinary)
- Jung v. Assoc., of Am., Med. Cols., 226 F.R.D. 7 (D.D.C. 2005) (no relitigating old matters; reconsideration boundary)
- Am. Elec. Power Co., Inc. v. Connecticut, 564 U.S. 410 (2011) (district judges lack authority to render binding precedential decisions)
- Walsh v. Hagee, 900 F.Supp.2d 51 (D.D.C. 2012), 900 F.Supp.2d 51 (D.D.C. 2012) (Walsh I; initial dismissal affirmation and reasoning)
- Walsh v. Hagee, 10 F.Supp.3d 15 (D.C. Cir. 2013), 10 F.Supp.3d 15 (D.C. Cir. 2013) (Walsh II; reaffirmation of denial decisions)
