The Freecycle Network, Inc. v. Oey et al

Filing 54

ORDER denying 51 Motion for Reconsideration. After a review of the relevant facts and law as well as Plaintiff's motion, the Court, in its discretion, declines to reconsider the previous ruling. Accordingly, IT IS HEREBY ORDERED that Plaintiff's Motion for Reconsideration (Docket # 51) is DENIED. Signed by Judge Raner C Collins on 6/5/06.(ARS)

The Freecycle Network, Inc. v. Oey et al

Doc. 54

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 THE FREECYCLE NETWORK, INC., ) ) ) Plaintiff, ) ) vs. ) ) ) TIM OEY AND JANE DOE OEY, ) ) Defendants. ) ) ) ) ) ) ) No. CV 06-173-TUC-RCC O R D E R DENYING PLAINTIFF'S MOTION FOR RECONSIDERATION IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

On May 26, 2006, Plaintiffs submitted their Motion for Reconsideration (Docket # 51). That motion is denied. A denial of a motion for reconsideration is reviewed for an abuse of discretion. See School Dist. No. 1J, Multnomah County v. AcandS, Inc., 5 F.3d 1255, 1262 (9th Cir. 1993) The relevant standard for reconsideration comes from Rule 60(b), which "provides for reconsideration only upon a showing of (1) mistake, surprise, or excusable neglect; (2) newly discovered evidence; (3) fraud; (4) void judgment; (5) a satisfied or discharged judgment; or (6) 'extraordinary circumstances' which would justify relief." Id. at 1263. A motion for reconsideration should not be used to ask a court to "rethink what the court had already thought through-rightly or wrongly." Defenders of Wildlife v. Browner, 909 F. Supp. 1342,
Case 4:06-cv-00173-RCC Document 54 Filed 06/05/2006 Page 1 of 2
Dockets.Justia.com

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

1351 (D. Ariz. 1995). Arguments that a court was in error on the issues it considered should be directed to the court of appeals. Refrigeration Sales Co. v. Mitchell-Jackson, Inc., 605 F.Supp. 6, 7 (N.D.Ill. 1983). After a review of the relevant facts and law as well as Plaintiff's motion, the Court, in its discretion, declines to reconsider the previous ruling. Accordingly, IT IS HEREBY ORDERED that Plaintiff's Motion for Reconsideration (Docket # 51) is DENIED.

DATED this 5th day of June, 2006.

-2Case 4:06-cv-00173-RCC Document 54 Filed 06/05/2006 Page 2 of 2