DOJ-OGR-00005020.jpg

Case 1:20-cr-00330-PAE Document 331 _ Filed 08/30/21 Page2of5 The Honorable Alison J. Nathan August 30, 2021 Page 2 The government’s objection is, in substance, a motion to reconsider. “There is ‘no specific rule, either in the Federal Rules of Criminal Procedure or in this district’s local criminal rules that provide for reconsideration of a ruling in a criminal matter.’” United States v. Okparaeke, No. 17-CR-225 (NSR), 2019 WL 4233427, at *2 (S.D.N.Y. Sept. 6, 2019) (quoting United States v. Cartagena, No. 10 Cr. 222-2, 2012 WL 2958175, at *1 (S.D.N.Y. July 20, 2012)). Even so, courts have discretion to reconsider prior rulings in criminal cases when the moving party can point to “controlling law or factual matters which it believes the court overlooked and that might reasonably be expected to alter the court’s decision.” United States v. Berger, 188 F. Supp. 2d 307, 328-39 (S.D.N.Y. 2002). But “[t]he standard for granting a motion for reconsideration ‘is strict.’” Farmer v. United States, No. 12-CR-758/15-cv-6287 (AJN), 2017 WL 3448014, at *2 (S.D.N.Y. Aug. 10, 2017) (quoting Analytical Surveys, Inc. v. Tonga Partners, L.P., 684 F.3d 36, 52 (2d Cir. 2012)). That’s because “[r]econsideration of a court’s previous order is an ‘extraordinary remedy to be employed in the interests of finality and conservation of scarce judicial resources.’” Montanile v. Nat’l Broad. Co., 216 F. Supp. 2d 341, 342 (S.D.N.Y. 2002). The government cannot show extraordinary circumstances here. The government twice had notice of Ms. Maxwell’s request for disclosure, and the government twice chose not to object. The government cannot use a motion to reconsider to save itself from the consequences of its deliberate decisions. “[A] losing party” is not permitted to “examin[e] a decision and then plug[] in the gaps of a lost motion with additional matters.” Berger, 188 F. Supp. 2d at 339. Because that is exactly what the government is attempting to do, this Court should deny the government’s request. Ms. Maxwell is entitled to the disclosure this Court ordered. DOJ-OGR-00005020