Shoen

Filing 61

ORDER denying 57 Motion for Reconsideration. Signed by Judge David G Campbell on 7/18/2011.(NVO)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Michael L. Shoen, a resident of Arizona, )
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Plaintiff,
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vs.
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Richard Symons, a resident of Great
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Britain, et al.,
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Defendants.
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No. CV09-1548 PHX DGC
ORDER

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On June 29, 2011, Plaintiff moved for partial reconsideration of this Court’s May 2,

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2011 summary judgment order (Doc. 53) as it relates to claims 1, 2, and 4 pled in the

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complaint.1 Doc. 57. These claims, among others, were alleged in the complaint, were

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challenged by Defendants on summary judgment, and were not meaningfully defended by

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Plaintiff as freestanding claims. In its summary judgment order the Court found that Plaintiff

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was no longer pursuing those claims as freestanding claims in this case. Doc. 53 at 2

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(“Plaintiff does not respond to Defendants’ arguments with respect to claims 1, 2, or 4, and

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makes clear that he is abandoning claim 5.”). Plaintiff argues this finding is in error because

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Plaintiff has in fact not abandoned those claims in this case. Doc. 57 at 1, 4. Plaintiff’s

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motion for reconsideration admits, however, that “Plaintiff considered [the claims] precluded

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as a result of the 2007 action.” Id. at 3. The Court fails to see how this supports Plaintiff’s

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The claims at issue were summarized by the Court as “(1) violation of the Lanham
Act; (2) violation of the Copyright Act; . . . [and] (4) unfair competition . . . .” Doc. 53 at 2.

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contention on reconsideration that the claims are still “alive” as freestanding claims against

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Defendants in this action – if, in fact, this is what Plaintiff is attempting to argue now.2 The

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Court need not reach this issue, however, because the motion is untimely.

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The motion for reconsideration is made under Rule 60(b)(6) of the Federal Rules of

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Civil Procedure. Doc. 57 at 1. Such motions “must be made within a reasonable time.” Fed.

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R. Civ. P. 60(c)(1). In this district, motions for reconsideration “shall be filed no later than

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fourteen (14) days after the date of the filing of the Order that is the subject of the motion.”

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LRCiv. 7.2(g)(2). Plaintiff’s motion was filed almost two months after the order, and

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Plaintiff has not shown good cause for the delay as required by Local Rule 7.2(g)(2). The

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motion will therefore be denied as untimely.

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IT IS ORDERED that Plaintiff’s motion for reconsideration (Doc. 57) is denied.

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DATED this 18th day of July, 2011.

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To the extent Plaintiff seeks to argue that by awarding summary judgment in favor
of Defendants on these claims the Court necessarily found Defendants never engaged in the
complained-of conduct or that such conduct was lawful, nothing in the May 2 order suggests
such a finding or conclusion. Doc. 53 at 2:27-28 (“But the response also makes clear that
Plaintiff now asserts a breach only of the 2007 agreement.”); id. at 3:4-5 (“In light of this
response, the Court will grant judgment for Defendants on claims 1, 2, 4, and 5.”).
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