NEW JERSEY BUILDING LABORERS' STATEWIDE BENEFIT FUNDS v. CONEX CONSTRUCTION CORP.

Filing 16

OPINION & ORDER denying 13 Motion for Reconsideration. Signed by Judge Stanley R. Chesler on 6/18/13. (jd, )

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
NEW JERSEY BUILDING LABORERS’
STATEWIDE BENEFIT FUNDS,
Petitioner,
v.
CONEX CONSTRUCTION CORP.,

Respondent.

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Civil Action No. 13-755 (SRC)
OPINION & ORDER

CHESLER, U.S.D.J.
This matter comes before this Court on the motion by Respondent Conex Construction
Corp. (“Conex”) to alter Judgment, amend Judgment, or seek relief from Judgment, pursuant to
Federal Rules of Civil Procedure 52, 59, or 60. The essence of this motion is that Conex seeks
reconsideration of this Court’s Opinion entered on April 10, 2013, and the accompanying Order
and Judgment. In that Opinion, and in the accompanying Order, this Court granted the motion to
confirm the arbitration award by Petitioner New Jersey Building Laborers’ Statewide Benefit
Funds, and denied the motion to vacate the arbitration award by Conex. For the reasons stated
below, the motion seeking relief from Judgment will be denied.
“A court may grant a motion for reconsideration if the moving party shows one of the
following: (1) an intervening change in the controlling law; (2) the availability of new evidence
that was not available when the court issued its order; or (3) the need to correct a clear error of
law or fact or to prevent manifest injustice.” See Banda v. Burlington County, 263 Fed. Appx.
182, 183 (3d Cir. 2008) (citing Max’s Seafood Café v. Quinteros, 176 F.3d 669, 677 (3d Cir.

1999)); L. CIV. R. 7.1(i).
In support of the motion for reconsideration, Conex repeats its earlier arguments. Conex
seeks to re-argue the original motions on the same grounds, and has made no showing that any of
the requirements for reconsideration has been met. The motion for reconsideration will be
denied.
For these reasons,
IT IS on this 18th day of June, 2013
ORDERED that Respondent’s motion for reconsideration (Docket Entry No. 13) is
DENIED.
/s Stanley R. Chesler
STANLEY R. CHESLER
United States District Judge

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