Horton v. Taylor et al

Filing 40

ORDER denying 38 Motion for Reconsideration Signed by Honorable David C. Bramlette, III on 12/15/2015 (ECW)

IN THE UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF MISSISSIPPI
WESTERN DIVISION
TRAESY LYNN HORTON a.k.a.
TRACY LYNN HORTON

PLAINTIFF

VS.

CIVIL ACTION NO. 5:15-cv-27(DCB)(MTP)

RONNY TAYLOR AND
ENCANA OIL & GAS (USA) INC.

DEFENDANTS
ORDER

This cause is before the Court on the plaintiff Traesy Lynn
Horton’s Motion for Reconsideration of Motion to Quash Defendant
Taylor’s Reissued Summons (docket entry 22).

Having carefully

considered the motion and defendant Ronny Taylor’s response, the
Court finds as follows:
On November 6, 2015, the Court granted defendant Taylor’s
motion to dismiss based on quasi-judicial immunity.

The present

motion by the plaintiff does not address quasi-judicial immunity or
the motion to dismiss, but instead addresses a service of process
issue which had no bearing on the Court’s ruling. Furthermore, the
plaintiff’s motion is untimely pursuant to Rule 59 of the Federal
Rules

of

Civil

reconsideration

Procedure,
be

filed

28

which
days

requires
from

the

that
date

a

motion
of

entry

for
of

Judgment.
Accordingly,
IT IS HEREBY ORDERED that the plaintiff Traesy Lynn Horton’s
Motion for Reconsideration of Motion to Quash Defendant Taylor’s

Reissued Summons (docket entry 22) is DENIED.
SO ORDERED, this the 15th day of December, 2015.

/s/ David Bramlette
UNITED STATES DISTRICT JUDGE

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