Preston v. Capital One Auto Finance Inc.

Filing 41

Minute ORDER denying 39 Capital One Auto Finance, Inc.s Motion for Reconsideration of Recommendation by United States Magistrate Judge Regarding Motion to Dismiss. By Magistrate Judge Kristen L. Mix on 05/24/2010.(sah, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 10-cv-00073-ZLW-KLM JAMES E. PRESTON Plaintiff, v. CAPITAL ONE AUTO FINANCE, INC., a Texas corporation, a/k/a SUMMIT ACCEPTANCE CORPORATION, Defendant. _____________________________________________________________________ MINUTE ORDER _____________________________________________________________________ ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX This matter is before the Court on Capital One Auto Finance, Inc.'s Motion for Reconsideration of Recommendation by United States Magistrate Judge Regarding Motion to Dismiss [Docket No. 39; Filed May 21, 2010] (the "Motion"). Pursuant to the Motion, Defendant requests that the Court recommend that Defendant's Motion to Dismiss [#10] remain pending to be handled on remand rather than recommend that it be dismissed as moot. IT IS HEREBY ORDERED that the Motion is DENIED. Defendant has failed to offer a basis for reconsideration consistent with the standard utilized by the Tenth Circuit. See Servants of Paraclete v. Does, 204 F.3d 1005, 1012 (10th Cir. 2000) (noting that reconsideration may be warranted to address "(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"). Moreover, Defendant fails to explain why it cannot simply refile its Motion to Dismiss in the state court proceedings.

Dated: May 24, 2010