Opinion

Shafter v. Brown

Court
District Court, D. Arizona
Filed
Sep 8, 2025
Cited by
0 cases

The opinion

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6 IN THE UNITED STATES DISTRICT COURT

7 FOR THE DISTRICT OF ARIZONA

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9 Kirk Shafter, No. CV-25-08087-PCT-MTL

10 Plaintiff, ORDER

11 v.

12 Ronald Brown, et al.,

13 Defendants.

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15 Before the Court is Plaintiff’s motion for reconsideration. (Doc. 65.) Plaintiff asks

16 the Court to reconsider its order striking the Third Amended Complaint as improper for

17 failing to comply with Federal Rule of Civil Procedure 15(a)(2) and Local Rule of Civil

18 Procedure 15.1(a)-(b). (Doc. 61.)

19 Local Rule of Civil Procedure 7.2(g) states that motions for reconsideration will

20 ordinarily be denied without “a showing of manifest error or a showing of new facts or

21 legal authority that could not have been brought to [the Court’s] attention earlier with

22 reasonable diligence.” This is a high standard that places the burden on the movant. See

23 Lerner & Rowe PC v. Brown Engstrand & Shelly LLC, 684 F. Supp. 3d 953, 955 (D. Ariz.

24 2023).

25 Plaintiff asserts that “[m]uch of the evidence . . . has only recently been uncovered

26 and documented since Plaintiff filed Amended Complaint #2.” (Doc. 65.) But Plaintiff

27 offers no showing that this evidence was previously undiscoverable through the exercise

28 of reasonable diligence. Without such a showing, Plaintiff fails to meet the high bar

1 || required for reconsideration.

2 Accordingly,

3 IT IS ORDERED denying the motion for reconsideration (Doc. 65).

4 Dated this 8th day of September, 2025.

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° Wichacl T. hurdle

Michael T, Liburdi

8 United States District Judge

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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