enXco Development Corporation v. Northern States Power Company
Filing
118
ORDER. IT IS HEREBY ORDERED that Plaintiff's request to file a motion for reconsideration is DENIED 112 . (Written Opinion). Signed by Chief Judge Michael J. Davis on 4/18/13. (GRR)
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
enXco Development Corporation,
Plaintiff,
v.
ORDER
Civil No. 11‐1171 (MJD/JSM)
Northern States Power Company.
Defendant.
__________________________________________________________________
Joel A. Mullin, Stoel Rives LLP, Counsel for Plaintiff.
Charles F. Webber, Faegre Baker Daniels LLP, Counsel for Defendant.
___________________________________________________________________
This matter is before the Court on Plaintiff’s request to file a motion for
reconsideration of this Court’s Order dated April 3, 2013 granting Defendant’s
motion for summary judgment.
The Local Rules for the District of Minnesota provide that a motion to
reconsider can only be filed with the Court’s express permission, and then, only
“upon a showing of compelling circumstances.” L.R. 7.1(j). The district court’s
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
1
manifest errors of law or fact or to present newly discovered
evidence. Such motions cannot in any case be employed as a vehicle
to introduce new evidence that could have been adduced during
pendency of the summary judgment motion. The nonmovant has an
affirmative duty to come forward to meet a properly supported
motion for summary judgment. . . . 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 reviewed its April 3, 2013 Order and
concludes that it contains no manifest errors of law or fact. Accordingly,
IT IS HEREBY ORDERED that Plaintiff’s request to file a motion for
reconsideration is DENIED.
Date: April 18, 2013
s/ Michael J. Davis
Michael J. Davis
Chief Judge
United States District Court
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