Bruce et al v. Wilson, et al

Filing 61

ORDER re: 60 Objections; Denying Plaintiff's Motion to Reconsider to this Court's [59} Order filed on January 29th, 2016 filed by Antoine Bruce. Ordered by Judge William J. Martinez on 02/08/2016. (cthom, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge William J. Martínez
Civil Action No. 13-cv-0491-WJM-CBS
ANTOINE BRUCE,
Plaintiff,
v.
C. WILSON,
A. OSAGIE,
F. CORDOVA, and
Y. FETTERHOFF,
Defendants.

ORDER DENYING PLAINTIFF’S MOTION TO RECONSIDER TO THIS COURT’S
JANUARY 29, 2016 ORDER

Before the Court is Plaintiff Antoine Bruce’s Objection to the Court’s Order
Denying Plaintiff’s Motion for Relief from Judgment in Conjunction with Plaintiff’s Motion
for Reconsideration (“Motion to Reconsider”). (ECF No. 60.) The denial to which Bruce
objects was this Court’s denial of his Rule 60(b) Motion. (See ECF Nos. 55, 59.)
A party seeking relief under Rule 60(b) must demonstrate exceptional
circumstances because such a motion “is not a substitute for an appeal.” Bud Brooks
Trucking, Inc. v. Bill Hodges Trucking Co., Inc., 909 F.2d 1437, 1440 (10th Cir. 1990);
see also Rogers v. Andrus Transp. Servs., 502 F.3d 1147, 1153 (10th Cir. 2007);
Allender v. Raytheon Aircraft Co., 439 F.3d 1236, 1242 (10th Cir. 2006). In this light, a
motion to reconsider denial of a Rule 60(b) motion must demonstrate particularly
egregious error. Moreover, motions for reconsideration generally are not a vehicle to

rehash old arguments or present new arguments that could have been presented
earlier. See Kerber v. Qwest Group Life Ins. Plan, 727 F. Supp. 2d 1076, 1076 (D.
Colo. 2010); Nat’l Bus. Brokers, Ltd. v. Jim Williamson Prods., Inc., 115 F. Supp. 2d
1250, 1256 (D. Colo. 2000).
Bruce’s Motion to Reconsider largely rehashes or elaborates on arguments
previously made. To the extent it offers new arguments, these arguments could have
been presented earlier, and none of them would have altered the outcome in any event.
Bruce’s Motion for Reconsideration (ECF No. 60) is therefore DENIED.
Dated this 8th day of February, 2016.
BY THE COURT:

_________________________
William J. Martínez
United States District Judge

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