In the case of Visbal Salgado v. Mobile Services International, LLC, the Court was faced with Plaintiff Visbal Salgado’s motion to modify an award of discovery sanctions in the amount of $21,545.04. Plaintiff did not dispute the amount awarded, but moved to modify the order to allow for a more lenient payment schedule.
The Court found that the amount of the award would thwart Visbal Salgado’s ability to prosecute the case, which the Court did not want to deter. Plaintiff demonstrated to the Court that the order would seriously impair, if not defeat, its ability to prosecute the action.
Accordingly, the Court held that reargument of the order is appropriate, based upon the Court’s misapprehension of material fact. Here, the Court determined that it misapprehended the facts associated with Plaintiff’s ability to pay the sanctions. Consequently, the Court granted Plaintiff’s motion for reargument, and modified the payment schedule associated with the discovery sanctions.