Scharf v. Trans Union LLC et al

Filing 45

ORDER denying 44 Motion for Reconsideration. Signed by District Judge John Corbett O'Meara. (WBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
SHARON SCHARF,
Plaintiff,
Case No. 14-14322
v.
Hon. John Corbett O’Meara
TRANS UNION, LLC, et al.,
Defendants.
___________________________/
ORDER DENYING DEFENDANT’S
MOTION FOR RECONSIDERATION
Before the court is Defendant Xerox Education Services, LLC’s motion for
reconsideration of the court’s October 22, 2015 opinion and order. The court
granted summary judgment in favor of Plaintiff and denied Defendant’s motion for
summary judgment. The standard for granting a motion for reconsideration is as
follows:
Generally, and without restricting the court’s discretion,
the court will not grant motions for rehearing or
reconsideration which merely present the same issues
ruled upon by the court, either expressly or by reasonable
implication. The movant shall 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.

LR 7.1(h)(3). A motion for reconsideration “is not properly used as a vehicle to rehash old arguments or to advance positions that could have been argued earlier but
were not.” Smith v. Mount Pleasant Schools, 298 F. Supp.2d 636, 637 (E.D. Mich.
2003) (citing Sault Ste. Marie Tribe of Chippewa Indians v. Engler, 146 F.3d 357,
374 (6th Cir. 1998)).
In its motion for reconsideration, Xerox re-argues issues it raised in its
summary judgment motion; in so doing, it has not demonstrated a “palpable
defect” by which the court and parties have been misled.
IT IS HEREBY ORDERED that Xerox’s November 5, 2015 motion for
reconsideration is DENIED.
s/John Corbett O’Meara
United States District Judge
Date: November 12, 2015

I hereby certify that a copy of the foregoing document was served upon
counsel of record on this date, November 12, 2015, using the ECF system.

s/William Barkholz
Case Manager

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