Leapers, Inc. v. SMTS, LLC et al

Filing 119

OPINION AND ORDER denying 112 Plaintiff's Motion for Reconsideration. Signed by District Judge Robert H. Cleland. (LWag)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

LEAPERS, INC.,
Plaintiff,
Case No. 14-12290

v.
SMTS, LCC d/b/a Tuff zone, TRARMS, INC.,
and SUN OPTICS USA,
Defendants.
/

OPINION AND ORDER DENYING PLAINTIFF’S
MOTION FOR RECONSIDERATION
This court granted Defendants’ Motion for Summary Judgment (Dkt. # 67) and
denied Defendants’ request to cancel Plaintiff’s state trade dress registrations in its
Opinion and Order entered March 25, 2016. (Dkt. # 109.) Pending before the court is
Plaintiff’s Motion for Reconsideration of that Opinion and Order, filed April 7, 2016. (Dkt.
# 112.) The court allowed the matter to be fully briefed. See E.D. Mich. L.R. 7.1(h)(2)
After reviewing the parties’ briefs, the court will deny Plaintiff’s motion.
Subject to the court’s discretion, a motion for reconsideration shall be granted
only if the movant “demonstrate[s] a palpable defect by which the court and the parties
. . . have been misled” and “show[s] that correcting the defect will result in a different
disposition of the case.” E.D. Mich. L.R. 7.1(h)(3). The court will not grant motions for
reconsideration that “merely present the same issues ruled upon by the court.” Id.
Plaintiff’s arguments largely misapprehend the court’s analysis and discussion of
the record and fail to adequately address the court’s reason for granting summary

judgment in the first place: Plaintiff has proffered only a series of conclusory opinions
that are insufficient to create a genuine dispute of material fact. After carefully reviewing
its Opinion and Order and the parties’ briefs, the court concludes that Plaintiff has
identified no palpable defect. Accordingly,
IT IS ORDERED that Plaintiff’s Motion for Reconsideration (Dkt. # 112) is
DENIED.

s/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE
Dated: October 5, 2016

I hereby certify that a copy of the foregoing document was mailed to counsel of record
on this date, October 5, 2016, by electronic and/or ordinary mail.
s/Lisa Wagner
Case Manager and Deputy Clerk
[phone]

S:\Cleland\JUDGE'S DESK\C1 ORDERS\14-12290.LEAPERS.reconsideration.tlh.wpd

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