Munt v. Schnell

Background

Joel Munt, a self-represented plaintiff, filed a motion titled “Motion for Reconsideration or Extension.” He challenged part of the court’s September 20, 2019 order, which had denied in part his requests for a 60-day extension and permission to exceed the word limit for his response to the defendants’ motion to dismiss. The September order had affirmed an earlier order by Magistrate Judge Elizabeth Cowan Wright and addressed Munt’s failure to comply with that earlier order.

Arguments and analysis

Munt argued that the court had ignored or dismissed his reasons for needing more time and additional words. He also objected to the court’s finding that he had deliberately disregarded the earlier order by failing to follow its time and word limits. Munt asserted that denying the requested extensions was effectively a dismissal of his case.

The court noted that Munt had not obtained permission before filing a reconsideration motion, as required by Local Rule 7.1(j). Because Munt was representing himself, the court gave him some leeway and considered the motion, while warning him to follow the rules going forward. The court stated that it had already granted Munt additional time and words, including additional time to correct a filing made in disregard of the earlier order. It concluded that Munt had not presented the compelling or extraordinary circumstances required for reconsideration and that reconsideration could not be used to revisit issues the court had already considered and rejected.

Ruling

Judge Donovan W. Frank ordered that Munt’s Motion for Reconsideration or Extension was DENIED.