Mahon v. Mainsail LLC

Background

The court had previously dismissed the case for lack of personal jurisdiction. Mark Mahon then filed a motion asking for permission to file a motion for reconsideration. Reconsideration is an exceptional request asking a court to revisit an earlier ruling. Under the local rules, the moving party must identify a material change in facts or law, new material facts or a change in law after the earlier order, or a significant failure to consider material facts or decisive legal arguments. A party may not simply repeat earlier arguments.

Mahon argued that the earlier decision was “manifestly unjust” because the court had not specified that he should explain particular provisions. He said he had been prepared to do so at oral argument. The court found that he had previously argued during the dismissal briefing that his claims required interpretation of indemnification and financial-terms provisions in an agreement involving the defendants and Google LLC, which included a forum-selection clause. The court had rejected that argument because Mahon had not explained how those provisions affected his claims. The court further stated that the provisions concerned Google's claims against the defendants, not Mahon's claims against Google or the defendants.

Rulings

The court denied Mahon's motion for leave to file a motion for reconsideration. It did not grant permission to file the proposed reconsideration motion.

The court also struck the defendants' opposition, Mahon's reply, and Mahon's declaration. It found that the local rules did not provide for an opposition or reply to a motion for leave and that the declaration improperly raised arguments.

The court ordered the following briefing limits in this case and the listed related cases:

Briefing limits

- A motion for leave may have only one filing. No opposition, reply, or supplemental briefing may be filed unless the court expressly orders it. - An administrative motion may have only one motion and one opposition. No reply or supplemental briefing may be filed unless expressly ordered. - A properly noticed motion may have one motion, one opposition, and one reply. No supplemental briefing or evidence may be filed, and no motion for leave to file supplemental briefing or evidence may be filed.

The court warned that violations could result in sanctions. The order terminated docket numbers 78, 79, and 83. The order states that it applies to case numbers 4:20-cv-01523, 4:20-cv-01525, 4:20-cv-01527, 4:20-cv-01530, and 4:20-cv-01534. Judge Yvonne Gonzalez Rogers issued the order.