Delgado v. Donald J. Trump For President, Inc.

Background

Arlene Delgado asked the court to reconsider an earlier order denying her motion to compel responses to a subpoena served on Fox Corporation and Fox News Network, LLC, which the opinion collectively calls “Fox.” Delgado filed her request by letter on May 13, 2022. Counsel for Fox filed a response opposing reconsideration on May 22, 2024.

Legal standard

The court applied Local Civil Rule 6.3, which governs motions for reconsideration. Reconsideration is an extraordinary remedy and generally requires the moving party to identify controlling decisions or information that the court overlooked and that could reasonably change its conclusion. The court also explained that reconsideration may be justified by an intervening change in controlling law, new evidence, a clear error, or manifest injustice. It should not be used simply to reargue an issue the court already decided.

Court’s reasoning

The court found that Delgado had not identified controlling decisions or information overlooked in the earlier order. Delgado relied on information from Kellyanne Conway’s deposition, in which Conway suggested that Delgado might have obtained a job in media. The court concluded that this did not qualify as new evidence and did not show that the information sought in the Fox subpoena was relevant or proportional to the needs of the case. The court also reaffirmed that the subpoena was overbroad and unduly burdensome to a nonparty.

Disposition

The court DENIED Delgado’s motion for reconsideration concerning the motion to compel. The opinion was signed by Katharine H. Parker, United States Magistrate Judge.