United States District Court, District of Columbia
G. SULLIVAN UNITED STATES DISTRICT JUDGE
January 26, 2016, the Court dismissed plaintiff Eugene
Nyambal's (“Mr. Nyambal”) suit against
defendant AlliedBarton Security Services, LLC
(“AlliedBarton”) for damages related to the
company's alleged role in facilitating his removal from
the International Monetary Fund's (“IMF”) and
the World Bank's Washington, D.C. locations. See
Nyambal v. AlliedBarton Security Servs., LLC, 153
F.Supp.3d 309 (D.D.C. 2016). Shortly thereafter, Mr. Nyambal
filed a motion for reconsideration, arguing that the Court
clearly erred when it dismissed his defamation claim.
See Recons. Mot., ECF No. 17. Mr. Nyambal also filed
a motion for leave to file a supplemental memorandum in light
of newly discovered evidence in support of his motion for
reconsideration. See Mot. to Suppl., ECF No. 36.
Having considered both motions, the responses and replies
thereto, and the applicable law, the Court
DENIES Mr. Nyambal's motion to file a
supplemental memorandum in support of his motion for
reconsideration and GRANTS his motion for
reconsideration. The Court finds that Mr. Nyambal stated a
factual background of this case is thoroughly set out in the
Court's prior Opinion and will not be repeated in full.
See Nyambal, 153 F.Supp.3d at 312-13. To provide
context, however, the Court summarizes the case's
procedural history and the facts relevant to Mr.
Nyambal's defamation claim.
Nyambal filed suit against AlliedBarton in the Superior Court
of the District of Columbia on October 9, 2014. Compl., ECF
No. 1-3. AlliedBarton removed the case to the U.S. District
Court for the District of Columbia and filed a motion to
dismiss. Notice of Removal, ECF No. 1.; Am. Mot. to Dismiss,
ECF No. 7. On January 26, 2016, the Court dismissed Mr.
Nyambal's complaint, finding that he failed to state a
claim against AlliedBarton for: (1) tortious interference
with business relationships; (2) defamation; (3) intentional
infliction of emotional distress; and (4) civil conspiracy.
See Nyambal, 153 F.Supp.3d at 315-19.
February 23, 2016, Mr. Nyambal filed a motion for
reconsideration, arguing that the Court wrongly dismissed his
defamation claim. See Recons. Mot., ECF No. 17. On
October 26, 2017, Mr. Nyambal filed a motion for leave to
file a supplemental memorandum in support of his motion for
reconsideration in light of newly discovered evidence.
See Mot. to Suppl., ECF No. 36. Both motions are
AlliedBarton provides security services to the IMF and the
World Bank, international organizations that promote global
economic development. Compl., ECF No. 1-3 ¶¶ 2-4.
Plaintiff Mr. Nyambal is a “distinguished economist,
” who served as a senior advisor at the IMF until he
was fired in June 2009, purportedly in retaliation for
raising “serious concerns” about the lack of
transparency and potential corruption in a Cameroon mining
project. Id. ¶¶ 1, 6-7. In order to
“silence and punish” Mr. Nyambal for
whistleblowing, the IMF and AlliedBarton allegedly conspired
to “blacklist [him] by posting his name and picture on
the World Bank's ‘No Admit List.'”
Id. ¶ 10. Based on the information within an
IMF “blacklisting memo, ” AlliedBarton
“place[d] his name and picture on the World Bank's
‘No Admit' list, which . . . prevent[s] individuals
deemed a security threat from entering the premises.”
Id. ¶¶ 16, 20. As a result, Mr. Nyambal
was denied access to the World Bank in July
and October 2013. Id. ¶¶ 11, 13.
October 9, 2013, Mr. Nyambal sought to enter the World Bank
with a colleague to attend the World Bank's Annual
Meeting to “meet with government officials and secure
contracts.” Id. ¶ 13. Despite having a
three-day pass, Mr. Nyambal was denied access, which
“publicly humiliated [him] in the presence of former
colleagues, professional acquaintances, and government
officials.” Id. At least one potential client
was “advised” that Mr. Nyambal was on the World
Bank's and the IMF's Do Not Admit lists. Id.
¶ 15. Mr. Nyambal's contract negotiations
“have come to a halt” as a result of this alleged
5, 2014, Mr. Nyambal met with representatives from the World
Bank and AlliedBarton. Id. ¶ 17. The World Bank
“declined” any responsibility for Mr.
Nyambal's inclusion on the Do Not Admit list.
Id. ¶ 16. The World Bank also sent him a
redacted version of the IMF's “blacklisting memo,
” which confirmed that his name was included on the Do
Not Admit list. Id. According to Mr. Nyambal,
AlliedBarton allegedly “acknowledged that Nyambal's
blacklisting [in October 2013] was triggered by the
information provided by the IMF to the World Bank through
AlliedBarton.” Id. ¶ 17.
Mr. Nyambal's Motion for Leave to File a Supplemental
Memorandum in Support of his Motion for
Nyambal moves to file a supplemental memorandum in support of
his motion for reconsideration “pursuant to Federal
Rule of Civil Procedure 15(a)(2) and 15(d). . . .”
See Mot. to Suppl., ECF No. 36-2 at 1. However,
neither Rule 15(a) nor Rule 15(d) allow Mr. Nyambal to file a
supplemental memorandum in support of a motion. Rule 15(a)(2)
provides that “a party may amend its pleading
only with the opposing party's written consent or the
court's leave.” Fed.R.Civ.P. 15(a)(emphasis added).
Rule 15(d) provides that “the court may, on just terms,
permit a party to serve a supplemental pleading
setting out any . . . event that happened after the date of
the pleading to be supplemented.” Fed.R.Civ.P.
15(d)(emphasis added). Plainly, Rule 15 allows a party to
amend or supplement pleadings; however, motions are not
considered pleadings. See Fed. R. Civ. P. 7(a)
(defining pleadings); Fed.R.Civ.P. 7(b) (distinguishing a
motion from a pleading); see also Sokos v. Hilton Hotels