Opinion
19-cv-07123-PJH
08-30-2024
ORDER RE AUGUST 28 LETTER BRIEF RE: DKT. 371
PHYLLIS J. HAMILTON UNITED STATES DISTRICT JUDGE
On August 27, 2024, the court issued an order addressing a number of discovery disputes between the parties. See Dkt. 370. In relevant part, the court denied as moot defendants' request to compel plaintiffs to produce a privilege log, based on plaintiffs' representation “that they intend to produce a privilege log in advance of the first deposition of plaintiffs' witnesses.” See id. at 1.
On August 28, defendants filed a letter brief asserting that the first deposition of a plaintiffs' witness took place on August 14, and that plaintiffs did not produce a privilege log in advance of the deposition, nor have they done so as of the letter brief's filing. See Dkt. 371.
The court construes defendants' letter brief as a motion for leave to file a motion for reconsideration based on a “material difference in fact . . . from that which was presented to the Court before entry of the interlocutory order for which reconsideration is sought,” and GRANTS the motion for leave. See Civil L.R. 7-9(b)(1). Defendants may file a separate motion for reconsideration, not to exceed five (5) pages, by Tuesday, September 3, 2024, or defendants may stand on their current letter brief if they have nothing to add. Plaintiffs may file a response, not to exceed five (5) pages, by Wednesday, September 4, 2024.
IT IS SO ORDERED.