Titlow v. Corrections Medical Services, Incorporated et al

Filing 169

ORDER denying 166 Motion for Reconsideration. Signed by District Judge John Corbett O'Meara. (WBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

VONLEE NICOLE TITLOW,
Case No. 07-12083
Plaintiff,
Honorable John Corbett O’Meara
v.
CORRECTIONAL MEDICAL SERVICES, INC.;
CRAIG HUTCHINSON, M.D.; KEITH IVENS,
M.D.; GREGORY NAYLOR, M.D.; JEFFREY
STIEVE, M.D.; HARESH PANDYA, M.D.;
CRYSTAL RICE; and CRAIG WITHROW,
Defendants.
/
ORDER DENYING DEFENDANT KEITH IVENS, M.D.'S
NOVEMEBER 22, 2011 MOTION FOR RECONSIDERATION
This matter came before the court on defendant Keith Ivens, M.D.'s November 22, 2011
motion for reconsideration. Pursuant to Local Rule 7.1(h)(2), no response was filed and no oral
argument was heard.
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(h)(3).
This court entered an opinion and order November 8, 2011, denying defendant Ivens' motion
for summary judgment. Dr. Ivens filed this motion for reconsideration, claiming that the court was
misled by a palpable defect regarding the extent of his involvement in plaintiff Vonlee Titlow's
medical care. The court stated in its order that Ivens was "directly involved in each of the requested

denials of a surgical consult." (Emphasis added.) Ivens contends, however, that he was involved
in only three and not involved in an additional five denials.
Even if the court was misled in that regard, the defect does not result in a different disposition
of the case. There remain genuine issues of material fact regarding Dr. Ivens' involvement with
Plaintiff's care. Therefore, the court will deny his motion for reconsideration.
ORDER
It is hereby ORDERED that defendant Keith Ivens, M.D.'s November 22, 2011 motion for
reconsideration is DENIED.

s/John Corbett O'Meara
United States District Judge
Date: December 20, 2011

I hereby certify that a copy of the foregoing document was served upon the parties of record
on this date, December 20, 2011, using the ECF system and/or ordinary mail.

s/William Barkholz
Case Manager

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