Oliver v. Buckberry

Filing 38

ORDER denying 34 Motion for Reconsideration ; denying 37 Motion for Leave to File. Signed by District Judge John Corbett O'Meara. (WBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

DEJUAN OLIVER,
Case No. 14-11367
Plaintiff,
Honorable John Corbett O’Meara
v.
ERIC BUCKBERRY,
Defendant.
/
ORDER DENYING DEFENDANT'S MOTION FOR RECONSIDERATION
AND MOTION FOR LEAVE TO FILE A REPLY BRIEF
This matter came before the court on defendant Eric Buckberry’s December 23,
2015 motion for reconsideration of the court's December 9, 2015 order denying his
motion for summary judgment. The court ordered a response to the motion; and
plaintiff Dejuan Oliver filed a response April 25, 2016.
On May 2, 2016, defendant Buckberry filed a motion for leave to file a reply
brief. Local Rule 7.1 (h), however, does not provide for a reply to be filed. Therefore,
it is hereby ORDERED that Defendant's motion for leave to file a reply brief is
DENIED.
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 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.
L.R. 7.1(h)(3).
In his motion for reconsideration, defendant Buckberry presents the same issues
ruled upon by the court, either expressly or by reasonable implication. Accordingly,
it is hereby ORDERED that defendant Buckberry's motion for reconsideration is
DENIED.
s/John Corbett O'Meara
United States District Judge

Date: July 26, 2016

I hereby certify that a copy of the foregoing document was served upon counsel
of record on this date, July 26, 2016, using the ECF system.

s/William Barkholz
Case Manager

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