Nkansah v. United States of America
- Kimba Wood
- 1:18-cv-10230
- U.S. District Court · Southern District of New York
- 3
In Nkansah v. United States of America, Judge Wood denied reconsideration, denied a stay as moot, and granted the Government’s motion to compel discovery.
Felix Nkansah must supplement his initial disclosures with Cassandra Snyder’s full name, current address, and telephone number by August 16, 2024. The United States may take Snyder’s deposition by September 9, 2024.
What happened
In Nkansah v. United States of America, Felix Nkansah asked the court to reconsider its earlier decision allowing the Government to depose Cassandra Snyder and to pause that deposition. The Government opposed reconsideration and asked the court to require Nkansah to provide Snyder’s full name, current address, and telephone number.
The court found that Nkansah identified no change in law, new evidence, or clear error. It also found that he repeated arguments already considered and could have raised any new arguments earlier. The court therefore left in place its conclusion that there was good cause to reopen discovery for Snyder’s deposition.
Judge Kimba M. Wood denied Nkansah’s motion for reconsideration, denied his request for a stay as moot, and granted the Government’s motion to compel. Nkansah had to supplement his disclosures by August 16, 2024, and the Government had to take Snyder’s deposition by September 9, 2024.
The detailed version
- Nkansah v. United States of America · No. 1:18-cv-10230
- Kimba Wood
- Aug. 13, 2024
Background
On July 24, 2024, the court allowed the Government to take Cassandra Snyder’s deposition and ordered that it occur by September 9, 2024. Felix Nkansah moved for reconsideration of that decision and asked the court to stay, or pause, the deposition. The Government opposed reconsideration and cross-moved to compel Nkansah to supplement his initial disclosures with Snyder’s full name, current address, and telephone number.
Court’s reasoning
The court explained that reconsideration is an extraordinary remedy generally limited to an intervening change in controlling law, newly available evidence, or a clear error that would cause serious unfairness. A reconsideration motion cannot simply repeat arguments the court already rejected or raise arguments that could have been made earlier.
The court found that Nkansah did not identify a change in law, new evidence, or clear error. Instead, he repeated arguments he had previously made opposing Snyder’s deposition. To the extent he raised new arguments, the court found that he could have raised them earlier. The court concluded that none of his arguments changed its prior finding that good cause existed to reopen discovery for the limited purpose of taking Snyder’s deposition.
The court also granted the Government’s motion to compel Nkansah to supplement his initial disclosures. The court noted that the disclosure rules require a party to provide the name and, if known, the address and telephone number of each person likely to have discoverable information. Although the Government had not requested the informal conference required before filing certain discovery motions, the court excused that omission to promote efficiency.
Disposition
Judge Kimba M. Wood denied Nkansah’s motion for reconsideration. The court denied his request for a stay as moot, meaning the court found no remaining need to decide that request separately. The court granted the Government’s motion to compel. Nkansah was ordered to provide Snyder’s full name, current address, and telephone number by August 16, 2024. The Government was ordered to take Snyder’s deposition by September 9, 2024. The Clerk was directed to close the pending motion at ECF No. 165.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.