J.W. v. Corporal Carrier et al

Filing 69

MEMORANDUM AND ORDER re 68 Motion to Alter/Amend Judgment. Signed by Judge Marvin J. Garbis on 6/2/2015. (hmls, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
J.W.

*
Plaintiff

*

vs.

*

CORPORAL CARRIER, et al.

*

Defendants
*

*

*

CIVIL ACTION NO. MJG-13-2386

*

*

*

*

*

*

*

MEMORANDUM AND ORDER RE: MOTION FOR RECONSIDERATION
The Court has before it Plaintiff's Motion For This Court
To Reconsider Its Decision to Grant Defendants' Motion for
Summary Judgment on May 4, 2015 Or Schedule a Hearing In The
Alternative [Document 68].

The Court finds that neither a

response nor a hearing is necessary.
As stated by Judge Ramsey in Weyerhaeuser Corp. v. Koppers
Co., Inc.:
A motion for reconsideration (or, to alter
or
amend
judgment)
made
pursuant
to
Fed.R.Civ.P. 59(e) may be made for one of
three reasons: (1) an intervening change in
the
controlling
law
has
occurred,
(2)
evidence not previously available has become
available, or (3) it is necessary to correct
a clear error of law or prevent manifest
injustice.
771 F. Supp. 1406, 1419 (D. Md. 1991); see also Pac. Ins. Co. v.
Am. Nat. Fire Ins. Co., 148 F.3d 396, 403 (4th Cir. 1998).

Such

a motion "cannot be used to raise arguments which could, and

should, have been made before [the determination on which
reconsideration is sought was] issued."

Fed. Deposit Ins. Corp.

v. Meyer, 781 F.2d 1260, 1268 (7th Cir. 1986).

Stated

differently, "'[a] motion to reconsider is not a license to
reargue the merits or present new evidence.'"

Gray-Hopkins v.

Prince George's Cnty., Md., 201 F. Supp. 2d 523, 524 (D. Md.
2002) (citation omitted).
The instant Motion meets none of the criteria upon which a
properly court may reconsider a prior determination.

Moreover,

to the extent there is anything in the instant Motion beyond a
restatement of the basic arguments already presented, it does
not add any weight to the arguments rejected in the decision at
issue.

SO ORDERED, on Tuesday, June 02, 2015.

/s/__________
Marvin J. Garbis
United States District Judge

2