O'Connor v. Bassoff et al.

Filing 41

MINUTE ORDER Denying 37 Plaintiff's Fourth Motion for a Temporary Restraining Order and Preliminary Injunction Pursuant to Fed. R. Civ. P. 65(b) (1)(A). Denying 36 Plaintiff's Motion to Reconsider Order to Dismiss in Part. By Magistrate Judge Michael J. Watanabe on 12/17/2015. (emill)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-02121-MJW
ANDREW J. O’CONNOR,
Plaintiff,
v.
TOBEY BASSOFF,
JOLENE RADOSTIS,
RICK KELLOGG,
ROBBYN FERNANDEZ,
BRUCE MESSINGER,
RYAN ELEMENTARY SCHOOL, and
BOULDER VALLEY SCHOOL DISTRICT NO. RE2,
Defendant.
MINUTE ORDER
Entered by Magistrate Judge Michael J. Watanabe
It is hereby ORDERED that Plaintiff’s Fourth Motion for a Temporary Restraining
Order and Preliminary Injunction Pursuant to Fed. R. Civ. P. 65(b)(1)(A) (Docket No.
37) is DENIED for the reasons set forth by Senior Judge Lewis T. Babcock in denying
Plaintiff’s earlier motions. (See Docket Nos. 25, 29.) Plaintiff has not established
irreparable harm that requires immediate relief and has not established that the
ordinary course of litigation provides an inadequate remedy. Plaintiff also has not cited
relevant, governing legal authority – let alone show a substantial likelihood of success
on the merits. Plaintiff is advised that further efforts to file the same motion without any
material change in the circumstances will likely lead to sanctions, including monetary
sanctions.
It is further ORDERED that Plaintiff’s Motion to Reconsider Order to Dismiss in
Part (Docket No. 36) is DENIED. Although Plaintiff identifies a handful of factual
statements in which the Court allegedly misapprehended Plaintiff’s factual allegations,
cf. Servants of Paraclete v. Does, 204 F. 3d 1005, 1012 (10 th Cir. 2000) (grounds for
reconsideration include misapprehending the facts or a party’s position), none of the
purportedly misapprehended facts are in any way material to Judge Babcock’s legal
analysis.
Date: December 17, 2015