Thompson v. Gordon, et al

Filing 30

ORDER denying 26 plaintiff's motion to reconsider summary judgment order. So Ordered by Chief Judge Steven J. McAuliffe. (lag)

Thompson v. Gordon, et al

Doc. 30

UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE Thomas Thompson, Plaintiff v. Todd Gordon, Nicholas Granville, Vincent Williams, John Does 1-5, and Hillsborough County, Defendants NOTICE OF RULING Re: Document No. 26 Plaintiff's Motion to Reconsider Summary Judgment Order Civil No. 09-cv-82-SM

Ruling: Denied. Plaintiff moves the court to reconsider its order granting defendants' motion for summary judgment, saying he has additional evidence he wishes to have considered. But, as plaintiff readily concedes, that evidence was available to him when he objected to defendants' motion for summary judgment. As the court of appeals has made clear, "'a motion for reconsideration is appropriate where the court has misapprehended the facts, a party's position, or the controlling law,' but is not appropriate as a 'vehicle to reargue an issue previously addressed by the court when the motion merely advances new arguments or supporting facts which were available at the time of the original motion.'" Platten v. HG Bermuda Exempted Ltd., 437 F.3d 118, 139 (1st Cir. 2006) (quoting Servants of Paraclete v. Does, 204 F.3d 1005, 1012 (10th Cir. 2000). Entered by: Date: cc: Steven J. McAuliffe, Chief Judge

August 18, 2010 John A. Curran, Esq. Elizabeth L. Hurley, Esq. Michael J. Sheehan, Esq.

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