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Personal Property: Other | Massachusetts
Order on Motion for Reconsideration
Judge Brian E. Murphy: ELECTRONIC ORDER entered DENYING 23 Plaintiff's Motion for Reconsideration. “The granting of a motion for reconsideration is an extraordinary remedy which should be used sparingly.” Cruz-Cedeño v. Vega-Moral, 150 F.4th 1, 9 (1st Cir. 2025) (quoting City of Miami Firefighters’ & Police Officers’ Ret. Tr. v. CVS Health Corp., 46 F.4th 22, 36 (1st Cir. 2022)); see also 11 Charles Alan Wright & Arthur R. Miller, Federal Practice and Procedure § 2810.1 (3d ed. 2025) (“[B]ecause of the narrow purposes for which they are intended,. . . motions [for reconsideration] typically are denied.”). When faced with such motions, a court “must balance the need for finality against its duty to render just decisions.” Davis v. Lehane, 89 F. Supp. 2d 142, 147 (D. Mass. 2000). In order to accommodate these competing interests, motions for reconsideration should be granted only upon a showing of (1) a “manifest error of law,” (2) new evidence, or (3) a misunderstanding or other error “not of reasoning but apprehension.” Ruiz Rivera v. Pfizer Pharm., LLC, 521 F.3d 76, 81–82 (1st Cir. 2008). “Motions for reconsideration do[] not provide a vehicle for a party to undo its own procedural failures or to introduce new evidence or advance arguments that could and should have been presented to the district court prior to judgment.” Cruz-Cedeño, 150 F.4th at 9 (internal quotation marks omitted) (quoting Quality Cleaning Prods. R.C., Inc. v. SCA Tissue North Am., LLC, 794 F.3d 200, 208 (1st Cir. 2015)); see also Nat’l Metal Finishing Co. v. BarclaysAmerican/Commercial, Inc., 899 F.2d 119, 123 (1st Cir. 1990); see also Davis, 89 F. Supp. 2d at 147. Plaintiff’s motion fails to identify a “manifest error of law,” new evidence, or any other misunderstanding or error by the Court. Ruiz Rivera, 521 F.3d at 81–82. (MBM)
“The granting of a motion for reconsideration is an extraordinary remedy which should be used sparingly.” Cruz-Cedeño v. Vega-Moral, 150 F.4th 1, 9 (1st Cir. 2025) (quoting City of Miami Firefighters’ & Police Officers’ Ret. Tr. v. CVS Health Corp., 46 F.4th 22, 36 (1st Cir. 2022)); see also 11 Charles Alan Wright & Arthur R. Miller, Federal Practice and Procedure § 2810.1 (3d ed. 2025) (“[B]ecause of the narrow purposes for which they are intended,. . . motions [for reconsideration] typically are denied.”). When faced with such motions, a court “must balance the need for finality against its duty to render just decisions.” Davis v. Lehane, 89 F. Supp. 2d 142, 147 (D. Mass. 2000). In order to accommodate these competing interests, motions for reconsideration should be granted only upon a showing of (1) a “manifest error of law,” (2) new evidence, or (3) a misunderstanding or other error “not of reasoning but apprehension.” Ruiz Rivera v. Pfizer Pharm., LLC, 521 F.3d 76, 81–82 (1st Cir. 2008). “Motions for reconsideration do[] not provide a vehicle for a party to undo its own procedural failures or to introduce new evidence or advance arguments that could and should have been presented to the district court prior to judgment.” Cruz-Cedeño, 150 F.4th at 9 (internal quotation marks omitted) (quoting Quality Cleaning Prods. R.C., Inc. v. SCA Tissue North Am., LLC, 794 F.3d 200, 208 (1st Cir. 2015)); see also Nat’l Metal Finishing Co. v. BarclaysAmerican/Commercial, Inc., 899 F.2d 119, 123 (1st Cir. 1990); see also Davis, 89 F. Supp. 2d at 147. Plaintiff’s motion fails to identify a “manifest error of law,” new evidence, or any other misunderstanding or error by the Court. Ruiz Rivera, 521 F.3d at 81–82.
Opposition to Motion
Opposition re 23 MOTION for Reconsideration of this Court's Order Dismissing Case filed by Greylock McKinnon Associates, Inc.. (Egan, William)
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