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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