Leaf v. Refn et al

Filing 59

ORDER denying 58 Motion for Reconsideration. Signed by District Judge Victoria A. Roberts. (CPin)

Download PDF
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION MARTIN LEAF, Plaintiff, Case No: 16-12149 Honorable Victoria A. Roberts v. NICHOLAS WINDING REFN et al. Defendants. ___________________________________/ ORDER DENYING PLAINTIFF’S MOTION FOR RECONSIDERATION [Doc. 59] On June 20, 2017, the Court held a hearing on Defendants’ motion to dismiss Leaf’s First Amended Complaint. The Court ruled from the bench and granted Defendants’ motion to dismiss with Prejudice. Martin Leaf (“Leaf”) moves for reconsideration of that order. [Doc. 58, PgID 2403]. Local Rule 7.1(h)(3) provides the Court’s standard for review of a motion for reconsideration: Generally, and without restricting the court’s discretion, the court will not grant motions for ... 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 and other persons entitled to be heard on the motion have been misled but also show that correcting the defect will result in a different disposition of the case. E.D. Mich. LR 7.1(h)(3). Palpable defects are those which are “obvious, clear, unmistakable, manifest or plain.” Mich. Dep’t of Treasury v. Michalec, 181 F. Supp. 2d 731, 734 (E.D. Mich. 2002). “It is an exception to the norm for the Court to grant a 1     motion for reconsideration.” Maiberger v. City of Livonia, 724 F. Supp. 2d 759, 780 (E.D. Mich. 2010). “[A]bsent a significant error that changes the outcome of a ruling on a motion, the Court will not provide a party with an opportunity to relitigate issues already decided.” Id. In his motion, Leaf rehashes the same arguments made in his motion papers and during the hearing. Leaf fails to demonstrate a palpable defect, or any error made by the Court, which should change its ruling. Leaf’s motion for reconsideration is DENIED. IT IS ORDERED. S/Victoria A. Roberts Victoria A. Roberts United States District Judge Dated: July 18, 2017     2    

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?