BMT Enterprises, Inc. v. Hartford Casualty Insurance Company

Filing 55

ORDER. IT IS HEREBY ORDERED: Defendant's Letter Request to File a Motion for Reconsideration 52 is DENIED. (Written Opinion). Signed by Chief Judge Michael J. Davis on 9/6/12. (GRR)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

BMT ENTERPRISES, INC.,
Plaintiff,

v.

ORDER
Civil File No. 10-4371 (MJD/FLN)

HARTFORD CASUALTY
INSURANCE COMPANY,
Defendant.
Francis J. Rondoni and Gary K. Luloff, Chestnut Cambronne, PA, Counsel for
Plaintiff.
Robert E. Salmon and Tiffany M. Brown, Meagher & Geer, PLLP, Counsel for
Defendant.
This matter is before the Court on Defendant’s Letter Request to File a
Motion for Reconsideration. [Docket No. 52] Defendant seeks to move for
reconsideration of the Court’s July 13, 2012 Order [Docket No. 50] denying cross
motions for summary judgment.
The Local Rules provide that a motion to reconsider can only be filed with
the Court’s express permission, and such permission can only be obtained if the
party shows “compelling circumstances.” L.R. 7.1(j). The district court’s
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decision on a motion for reconsideration rests within its discretion. Hagerman v.
Yukon Energy Corp., 839 F.2d 407, 413 (8th Cir. 1988).
Motions for reconsideration serve a limited function: to correct
manifest errors of law or fact or to present newly discovered
evidence. . . . Nor should a motion for reconsideration serve as the
occasion to tender new legal theories for the first time.
Id. at 414 (citation omitted). The Court has thoroughly reviewed Defendant’s
letter request and concludes that the July 13, 2012 Order contains no manifest
errors of law or fact. Nor has Defendant offered new evidence that would alter
the Court’s Order. Defendant has not shown compelling circumstances to
support filing a motion to reconsider.

Accordingly, based upon the files, records, and proceedings herein, IT IS
HEREBY ORDERED:
Defendant’s Letter Request to File a Motion for Reconsideration
[Docket No. 52] is DENIED.

Dated: September 6, 2012

s/ Michael J. Davis
Michael J. Davis
Chief Judge
United States District Court

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