Hoffman et al v. Ford Motor Company et al

Filing 364

ORDER. Plaintiffs Motion for Reconsideration of Order Granting Ford Motor Companys Motion To Stay of Execution and Approving Defendant Ford Motor Companys Supersedeas Bond 361 , filed 04/12/2010 is DENIED. By Judge Robert E. Blackburn on 05/13/2010.(sah, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Action No. 07­cv­00081­REB­CBS ERICA HOFFMAN, GARY HOFFMAN, and SANDRA HOFFMAN, individually, Plaintiffs, v. FORD MOTOR COMPANY, a Delaware corporation, Defendant. ORDER DENYING PLAINTIFFS' MOTION FOR RECONSIDERATION OF ORDER GRANTING FORD MOTOR COMPANY'S MOTION TO STAY EXECUTION AND APPROVING DEFENDANT FORD MOTOR COMPANY'S SUPERSEDEAS BOND Blackburn, J. The matter before me is Plaintiffs' Motion for Reconsideration of Order Granting Ford Motor Company's Motion To Stay of Execution and Approving Defendant Ford Motor Company's Supersedeas Bond [#361], filed April 12, 2010. I deny the motion. "Grounds warranting a motion to reconsider include (1) an intervening change in the controlling law, (2) new evidence previously unavailable, and (3) the need to correct clear error or prevent manifest injustice. Thus, a motion for reconsideration is appropriate where the court has misapprehended the facts, a party's position, or the controlling law." Servants of the Paraclete v. Does, 204 F.3d 1005, 1012 (10th Cir. 2000) (citations omitted). None of these conditions is met here. The additional information provided in the instant motion regarding why plaintiffs objected to defendants' original motion to stay does not convince me that the original order approving the supersedeas bond was erroneous. The present bond adequately protects plaintiffs' rights in the judgment, and no further assurances are required by law. THEREFORE, IT IS ORDERED that Plaintiffs' Motion for Reconsideration of Order Granting Ford Motor Company's Motion To Stay of Execution and Approving Defendant Ford Motor Company's Supersedeas Bond [#361], filed April 12, 2010, is DENIED. Dated May 13, 2010, at Denver, Colorado. BY THE COURT: 2

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