Chen v. Cayman Arts, Inc et al

Filing 219

ORDER overruling 218 Renewed Objection; denying 217 Motion for Reconsideration re 216 Order Granting Motion to Compel; denying 217 MOTION for Extension of Time to File Response to 206 Motion to Compel. Signed by Judge James I. Cohn on 11/23/2011. (awe)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No. 10-80236-CIV-COHN/SELTZER
CAREY CHEN,
Plaintiff,
v.
CAYMAN ARTS, INC., a Florida corporation
and SCOTT R. STEELE, an individual,
Defendant.
____________________________________/
ORDER OVERRULING RENEWED OBJECTION,
DENYING REQUEST FOR RECONSIDERATION, AND
DENYING REQUEST FOR EXTENSION OF TIME
THIS CAUSE is before the Court upon Defendant Cayman Arts, Inc.’s and Scott
Steele’s Renewed Objection and Request for Reconsideration of Plaintiff’s Motion to
Compel and Request for an Extension of Time to File Answer and to Further Stay
Enforcement of the Alleged Settlement Agreement [DE’s 217, 218]. The Court has
considered the filing and the record in this case, and is otherwise fully advised in the
premises.
Mr. Steele requests reconsideration of the Court’s Order Granting Plaintiff’s
Motion to Enforce Settlement Agreement [DE 216]. Federal Rule of Civil Procedure
60(b) provides the following list of reasons justifying reconsideration:
(1) mistake, inadvertence, surprise, or excusable neglect;
(2) newly discovered evidence that, with reasonable diligence, could not
have been discovered in time to move for a new trial under Rule 59(b);
(3) fraud (whether previously called intrinsic or extrinsic), misrepresentation,
or misconduct by an opposing party;

(4) the judgment is void;
(5) the judgment has been satisfied, released or discharged; it is based on
an earlier judgment that has been reversed or vacated; or applying it
prospectively is no longer equitable; or
(6) any other reason that justifies relief.
Fed. R. Civ. P. 60(b). Mr. Steele has not demonstrated any of these bases for
reconsideration, and the Court finds no other reason to reevaluate that which has
already been decided. Accordingly, it is hereby
ORDERED AND ADJUDGED that Defendant Cayman Arts, Inc.’s and Scott
Steele’s Renewed Objection [DE 218] is OVERRULED, their Request for
Reconsideration of Plaintiff’s Motion to Compel [DE 217] is DENIED, and their Request
for an Extension of Time to File Answer and to Further Stay Enforcement of the Alleged
Settlement Agreement [DE 217] is DENIED.
DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County,
Florida, on this 23rd day of November, 2011.

Copies provided to:
Counsel of record via CM/ECF

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