VIRGINIA M. HERNANDEZ COVINGTON, District Judge.
This case is before the Court on Plaintiff Sabal Trail Transmission, LLC's Motion to Reconsider Order Granting Limited Expedited Discovery (Doc. # 35), filed on April 26, 2016, and Defendant's response in opposition (Doc. # 37), filed on April 28, 2016. For the reasons that follow, the Motion is granted in part and denied in part.
On April 20, 2016, this Court entered an Order granting limited expedited discovery in order for Defendant Benner Land Corporation to obtain information necessary and relevant to defending against Sabal Trail's motion for partial summary judgment and motion for preliminary injunction. (Doc. # 31). The Order directed Sabal Trail to make a good faith effort to produce certain documents by April 29, 2016, and to make three individuals — Brian Armitage, Marty Bass, and Ed Gonzales — available for depositions by that date. (
A court may only grant a motion for reconsideration under Rule 59(e), Fed. R. Civ. P., if it is based on "newly-discovered evidence or manifest errors of law or fact."
A party "cannot use a Rule 59(e) motion to relitigate old matters, raise argument or present evidence that could have been raised prior to the entry of judgment."
Here, Sabal Trail contends that reconsideration of the Court's April 20, 2016, Order is necessary to correct clear error or manifest injustice. (Doc. # 35 at 2-3). As such, Sabal Trail requests that the Court revise its Order as follows: (1) relieve Sabal Trail of its obligation to produce Marty Bass for deposition by April 29, 2016; (2) allow Sabal Trail to assert legally cognizable privileges with respect to the expedited discovery if those privileges are documented in a privilege log; (3) require Defendant to keep any documents produced pursuant to the Court's April 20, 2016, Order confidential, except to the extent Defendant may use the documents to support its claims and defenses; and (4) relieve Sabal Trail of its obligation to produce documents responsive to Request Nos. 3, 9, 13, 16, and 20 of Defendant's First Request to Produce (Doc. # 26-1), or limit production to documents available on the FERC eLibrary or Plaintiff's website. (Doc. # 35).
Defendant does not oppose the requested modifications as to (1) through (3), and the Court finds these modifications appropriate. Thus, the only remaining issue before the Court is whether to modify Sabal Trail's obligation to produce documents responsive to Request Nos. 3, 9, 13, 16, and 20 of Defendant's First Request to Produce. When the Court tailored the scope of expedited discovery the first time, it implicitly determined that each of these categories of documents is necessary and relevant to Defendant's ability to respond to Sabal Trail's motions for partial summary judgment and preliminary injunction. The Court has not been persuaded otherwise, nor is it persuaded that Sabal Trail has identified a "clear error" or "manifest injustice" in the terms of the scope of expedited discovery. Thus, the Motion for Reconsideration is due to be denied to the extent Sabal Trail seeks relief from producing those categories of documents.
Accordingly, it is