Moriarty
Moriarty v. County of San Diego
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 MICHELLE MORIARTY, Case No.: 17cv1154-LAB (AGS)
Plaintiff,
ORDER DENYING MOTION FOR
v. LEAVE TO SEEK
RECONSIDERATION
COUNTY OF SAN DIEGO, et al., Defendant. 16 17 Having located a new witness, Plaintiffs now seek leave to file an untimely motion for reconsideration of the Court’s September 24, 2019 order granting summary judgment on § 1983 claims against Defendants Sgt. Dale Weidenthaler and Nurse Practitioner Amanda Daniels. Standard for Reconsideration Ordinarily motions for reconsideration are not granted absent new evidence, clear error, or an intervening change in controlling law. See School Dist. No. 1J, Multnomah Cnty., Or. v. ACandS, Inc., 5 F.3d 1255, 1263 (9th Cir. 1993). Plaintiffs rely on the “new evidence” prong of this standard, arguing that the testimony their new witness would be prepared to offer would revive their claims that Defendants Daniels and Weidenthaler were…