United States of America v. Molen et al

Filing 318

ORDER signed by District Judge Morrison C. England, Jr. on 5/31/2017 ORDERING 308 Plaintiff's Motion for Reconsideration is DENIED as untimely. (Reader, L)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

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Plaintiff,

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No. 2:10-cv-02591-MCE-KJN

v.

ORDER

JAMES O. MOLEN,

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Defendant.

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Presently before the Court is the United States’ Motion for Reconsideration (ECF

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No. 308) of the Court’s prior Order on Motion for Summary Judgment (ECF No. 270).

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Although the Motion is couched as a request for reconsideration, however, it raises

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multiple arguments that either already were or could have been raised in its original

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summary judgment motion. Accordingly, the United States’ current request is more

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properly construed not as a bid for reconsideration, but as a successive motion for

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summary judgment filed well after the passing of the dispositive motion deadline.

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Because no leave to modify the Court’s scheduling orders has been granted, the
Motion for Reconsideration (ECF No. 308) is DENIED as untimely.1
IT IS SO ORDERED.
Dated: May 31, 2017

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Because oral argument would not have been of material assistance, the Court ordered this
matter submitted on the briefs. See E.D. Cal. Local R. 230(g).

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