Fredericks et al v. Koehn et al

Filing 484

OPINION AND ORDER DENYING MOTION TO ALTER JUDGMENT: denying 456 Motion to Alter Judgment; denying 481 Motion for Reconsideration by Judge Marcia S. Krieger on 6/2/09.(msksec, ) Modified on 6/4/2009 to correct filed date (wjc, ).

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Honorable Marcia S. Krieger Civil Action No. 06-cv-00957-MSK-KLM JAMES FREDERICKS, BROOKE FREDERICKS, ELISABETH FREDERICKS, and SARAH FREDERICKS, Plaintiffs, v. MARY MARGARET JONSSON, Ph.D., Defendant. ______________________________________________________________________________ OPINION AND ORDER DENYING MOTION TO ALTER JUDGMENT ______________________________________________________________________________ THIS MATTER comes before the Court pursuant to the Plaintiffs' Amended Motion to Alter Judgment (# 456), the Defendant's response (# 470), and the Plaintiffs' reply (# 478); and the Plaintiffs' Motion for Reconsideration of Costs Taxed (# 481), the Defendants' response (# 482), and the Plaintiffs' reply (# 483). The Court has thoroughly reviewed the Plaintiffs' Motion to Alter Judgment and, considering the arguments therein, finds nothing that would warrant reconsideration of the findings and conclusions in the Court's March 20, 2009 Order (# 451). The motion does no more than reassert arguments the Court has already thoroughly addressed and rejected in its prior Order. Whether the motion is adjudicated under Fed. R. Civ. P. 59 or 60, reconsideration is not an appropriate means to reargue matters already considered completely by the Court. Servants of the Paraclete v. Does, 204 F.3d 1005, 1012 (10th Cir.2000) (reconsideration under Rule 59); Van Skiver v. United States, 952 F.2d 1241, 1243 (10th Cir.1991) (reconsideration under Rule

60). Accordingly, the Motion to Alter Judgement (# 456) is DENIED. The Plaintiffs' Motion for Reconsideration of Taxation of Costs (# 481), which raises no substantive argument and whose merit is expressly conditioned on the granting of the Motion to Alter Judgment, is also DENIED. Dated this 2d day of June, 2009 BY THE COURT:

Marcia S. Krieger United States District Judge