Lamensdorf et al v. New York University et al

Filing 188

ORDER DENYING 184 Motion for Summary Judgment. Ordered by Judge Marc Thomas Treadwell on 08/01/2011. (tlh)

IN THE UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
MICHAEL LAMENSDORF and
KATHY LAMENSDORF,
Individually as Parents of
JOHN HUNT LAMENSDORF, Deceased,
and as Personal Representative(s) of
the Estate of JOHN HUNT
LAMENSDORF, Deceased,
Plaintiffs,
v.
JASON WELIN and PEN PALS
PRODUCTIONS, LLC,

Defendants.
NES EQUIPMENT SERVICES
CORPORATION,
Crossclaim Plaintiff,
v.
PEN PALS PRODUCTIONS, LLC,
Crossclaim Defendant.

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CIVIL ACTION NO. 5:09-CV-424 (MTT)

ORDER
On May 17, 2011, the Court entered its Order denying motions for summary
judgment filed by Crossclaim Defendant Pen Pals Productions, LLC and by Crossclaim
Plaintiff NES Equipment Services Corporation. (Doc. 178). In its Order, the Court ruled
that issues of fact regarding whether Steven Michael Simon rented an aerial lift in his

individual capacity or as an agent of Pen Pals precluded the entry of summary judgment
in favor of either party to NES’ crossclaim.
On July 19, 2011, NES filed a “renewed” motion for partial summary judgment on
its crossclaim. (Doc. 184). NES offers no explanation for filing a motion long after the
deadline for filing dispositive motions. Although NES’ renewed motion makes no
argument not made or which could have been made in its first motion for summary
judgment, perhaps NES intended its renewed motion to be a request for the Court to
reconsider its Order denying NES’ first motion. However, the renewed motion makes
no effort to comply with Local Rule 7.6, which covers motions for reconsideration.
Accordingly, the Court deems NES’ renewed motion for partial summary
judgment to be a request that the Court reconsider its May 17, 2011, Order denying
NES’ previous motion for summary judgment. Because NES has not complied with
Local Rule 7.6, NES’ motion is DENIED.
SO ORDERED, this 1st day of August, 2011.

S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT

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