GREEN MOUNTAIN FINANCIAL FUND LLC v. LACROIX et al

Filing 127

ORDER denying 121 Motion for Reconsideration ; denying 122 Motion for Reconsideration ; denying 123 Motion for Reconsideration (S.E.) cm. Signed by Judge Sarah Evans Barker on 2/3/2010. (MAC)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA GREEN MOUNTAIN FINANCIAL FUND,) LLC, ) ) Plaintiff, ) v. ) ) LORI RAPPAPORT LACROIX, et al., ) ) Defendants/Third Party Plaintiffs, ) ) v. ) ) MARGUERITE DOWNS RAPPAPORT, ) et al., ) ) Third Party Defendants. )

No. 1:09-cv-1216-SEB-TAB

ENTRY A motion to reconsider is appropriate where the court has misunderstood a party, where the court has made a decision outside the adversarial issues presented to the court by the parties, where the court has made an error of apprehension (not of reasoning), where a significant change in the law has occurred, or where significant new facts have been discovered. Bank of Waunakee v. Rochester Cheese Sales, Inc., 906 F.2d 1185, 1191 (7th Cir. 1990). "[M]otions to reconsider are not at the disposal of parties who want to 'rehash' old arguments." In re Oil Spill by "Amoco Cadiz" Off Coast of France on March 16, 1978, 794 F.Supp. 261, 267 (N.D.Ill. 1992), aff'd, 4 F.3d 997 (7th Cir. 1993). The movants have not shown the above circumstances with respect to the Entry of January 25, 2010, remanding the action to the state court from which it was removed. Their motions for reconsideration (dkt 121, 122, 123) are therefore denied. IT IS SO ORDERED.

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Date:

02/03/2010

SARAH EVANS BARKER, JUDGE United States District Court Southern District of Indiana

Distribution: Jan M. Carroll [e-mail] Charles Gregory Fifer [e-mail] Kara M. Kapke [e-mail] Cynthia M Locke [e-mail] Jennifer D. McNair [e-mail] Richard H. Riegner [e-mail] Jeremy S. Rogers [e-mail] Robyn R. Smith [e-mail] Lori Rappaport Lacroix 1730 South Federal Highway #212 Delray Beach, FL 33483 Sylvia Rappaport 1730 South Federal Highway #21 Delray Beach, FL 33483 Courtney Lacroix 1730 South Federal Highway #212 Delray Beach, FL 33483 Hunter Lacroix 1730 South Federal Highway #212 Delray Beach, FL 33483 Richard H. C. Clay [e-mail] John Christopher Sturgeon [e-mail] Marguerite Downs Rappaport 55 Saint Marks Lane Islip, New York 11751