Brown et al v. Veterans Affairs, Department of

Filing 104

ORDER denying 103 Motion for Reconsideration. Signed by District Judge John Corbett O'Meara. (WBar)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION HELEN V. SURFACE, as Personal Representative of the Estate of JANYCE ELAINE BROWN, Deceased; and MARTIN TYCKOSKI, Conservator of the Estates of A.R.G.B., a Minor, and H.E.B., a Minor, Plaintiffs, v. UNITED STATES OF AMERICA, Defendant. / ORDER DENYING PLAINTIFFS' JULY 25, 2008 MOTION TO ALTER JUDGMENT This matter came before the court on Plaintiffs' July 25, 2008 motion to alter judgment following this court's July 15, 2008 order granting Defendant's motion for summary judgment. No response was ordered and no oral argument was heard. L.R. 7.1(g)(2)(E.D. Mich. Dec. 1, 2005). Plaintiffs assert that the court "committed a legal error, resulting in a manifest injustice" in granting Defendant's motion for summary judgment; therefore, the court will consider it a motion for reconsideration. Generally, and without restricting the court's discretion, the court will not grant motions for rehearing or reconsideration that merely present the same issues ruled upon by the court, either expressly or by reasonable implication. The movant must not only demonstrate a palpable defect by which the court and the parties have been misled but also show that correcting the defect will result in a different disposition of the case. Local Rule 7.1(g)(3).

Case No. 04-73411 Honorable John Corbett O'Meara

In this case Plaintiffs' motion for reconsideration merely presents the same issues ruled upon by the court and fails to demonstrate a palpable defect by which the court and the parties have been misled. ORDER It is hereby ORDERED that Plaintiffs' July 25, 2008 motion to alter judgment is DENIED.

s/John Corbett O'Meara United States District Judge Date: September 19, 2008

I hereby certify that a copy of the foregoing document was served upon the parties of record on this date, September 19, 2008, by electronic and/or ordinary mail. s/William Barkholz Case Manager

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