Filing 61

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

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1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 10 11 12 13 14 Michael L. Shoen, a resident of Arizona, ) ) ) Plaintiff, ) ) vs. ) ) Richard Symons, a resident of Great ) Britain, et al., ) ) Defendants. ) No. CV09-1548 PHX DGC ORDER 15 On June 29, 2011, Plaintiff moved for partial reconsideration of this Court’s May 2, 16 2011 summary judgment order (Doc. 53) as it relates to claims 1, 2, and 4 pled in the 17 complaint.1 Doc. 57. These claims, among others, were alleged in the complaint, were 18 challenged by Defendants on summary judgment, and were not meaningfully defended by 19 Plaintiff as freestanding claims. In its summary judgment order the Court found that Plaintiff 20 was no longer pursuing those claims as freestanding claims in this case. Doc. 53 at 2 21 (“Plaintiff does not respond to Defendants’ arguments with respect to claims 1, 2, or 4, and 22 makes clear that he is abandoning claim 5.”). Plaintiff argues this finding is in error because 23 Plaintiff has in fact not abandoned those claims in this case. Doc. 57 at 1, 4. Plaintiff’s 24 motion for reconsideration admits, however, that “Plaintiff considered [the claims] precluded 25 as a result of the 2007 action.” Id. at 3. The Court fails to see how this supports Plaintiff’s 26 27 1 28 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. 1 contention on reconsideration that the claims are still “alive” as freestanding claims against 2 Defendants in this action – if, in fact, this is what Plaintiff is attempting to argue now.2 The 3 Court need not reach this issue, however, because the motion is untimely. 4 The motion for reconsideration is made under Rule 60(b)(6) of the Federal Rules of 5 Civil Procedure. Doc. 57 at 1. Such motions “must be made within a reasonable time.” Fed. 6 R. Civ. P. 60(c)(1). In this district, motions for reconsideration “shall be filed no later than 7 fourteen (14) days after the date of the filing of the Order that is the subject of the motion.” 8 LRCiv. 7.2(g)(2). Plaintiff’s motion was filed almost two months after the order, and 9 Plaintiff has not shown good cause for the delay as required by Local Rule 7.2(g)(2). The 10 motion will therefore be denied as untimely. 11 IT IS ORDERED that Plaintiff’s motion for reconsideration (Doc. 57) is denied. 12 DATED this 18th day of July, 2011. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 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.”). -2-

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