Allen v. Reynolds et al

Filing 37

Minute ORDER denying 35 Motion for Reconsideration, by Magistrate Judge Michael J. Watanabe on 6/23/10.(jak, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-02605-CMA-MJW SHAWN D. ALLEN, Plaintiff, v. R. REYNOLDS, et al., Defendants. MINUTE ORDER Entered by Magistrate Judge Michael J. Watanabe It is hereby ORDERED that the plaintiff's Motion for Reconsideration (Docket No. 35) is denied. "[A] motion to reconsider is not a second opportunity for the losing party to make its strongest case, to rehash arguments, or to dress up arguments that previously failed. . . . Most importantly, a motion to reconsider is not a motion `to reargue those issues already considered when a party does not like the way the original motion was resolved.'" Bartholic v. Scripto-Tokai Corp., 140 F. Supp.2d 1098, 1124 (D. Colo. 2000) (citations omitted); United States v. Schaeffer, 2000 WL 320665, *1 (D. Colo. Feb. 24, 2000). "There are three major grounds that justify reconsideration: (1) an intervening change in the controlling law; (2) the availability of new evidence; and (3) the need to correct clear error or prevent manifest injustice." Mantle Ranches, Inc. v. United States Park Serv., 950 F. Supp. 299, 300 (D. Colo. 1997) (citations and quotations omitted). None of these grounds are present here. Date: June 23, 2010