Okpor v. Trans Cargo LLC et al

Filing 59

MEMORANDUM. Signed by Judge Leonard P. Stark on 3/11/2019. (ceg)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
MICHAEL OKPOR,
Plaintiff,

v.

Civ. No. 15-480-LPS

TRANS CARGO LLC, et al.,
Defendants.

MEMORANDUM
1.

Introduction. Plaintiff Michael Okpor ("Plaintiff'') proceeds pro se and has been

granted leave to proceed in forma pauperis. He filed this lawsuit on June 11, 2015, alleging violations
of his civil rights, consumer fraud, theft, and breach of contract. (D .I. 2) An amended complaint
was filed on September 16, 2017. (D.I. 7) On March 16, 2018, the Court granted Defendants'
motions for summary judgment. (See D.I. 53) Plaintiff moves for reconsideration, a hearing
before a three-judge court, and oral argument. (D.I. 55, 56, 57)
2.

Motion for Reconsideration. Plaintiff moves the Court to reopen the case to

correct clear errors of law or fact to prevent manifest injustice. (D.I. 55; see also D.I. 56, 57) The
motions will be denied.
3.

The purpose of a motion for reconsideration is to "correct manifest errors of law or

fact or to present newly discovered evidence." Max's Seafood Caft ex rel. Lou-Ann, Inc. v. Quinteros,
176 F.3d 669, 677 (3d Cir. 1999). "A proper Rule 59(e) motion ... must rely on one of three
grounds: (1) an intervening change in controlling law; (2) the availability of new evidence; or (3) the
need to correct a clear error of law or fact or to prevent manifest injustice." Lazaridis v. Wehmer,
591 F.3d 666, 669 (3d Cir. 2010) (internal citation omitted).
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4.

Plaintiff attempts to reargue the facts of his case. The Court has reviewed the

filings and its March 16, 2018 memorandum opinion and order that granted Defendants' motions
for summary judgment. In doing so, the Court finds that Plaintiff has failed to demonstrate any of
the grounds necessary to warrant a reconsideration of the Court's previous decisions. In addition,
the Court concludes that the convening of a three-judge panel under 28 U.S.C. § 2284 is not
required. Nor is oral argument necessary.
5.

Conclusion. For the above reasons, the Court will deny Plaintiffs: (1) motion for

reconsideration (D.I. 55); (2) motion for hearing before a three-judge court (D.I. 56); and (3) request
for oral argument (D.1. 57). An appropriate order will be entered

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