Judge Ted Stewart – Motion to Alter Judgment denied

2006 U.S. Dist. LEXIS 60640

THE ESTATE OF RICHARD RICCI, and ANGELA RICCI, an individual, Plaintiffs v. CORY MACK LYMAN, an individual, Defendant

Case No. 2:05-CV-354

August 24, 2006

Judge Ted Stewart previously entered an order denying plaintiffs’ Rule 56(f) motions for discovery and for enlargement of time to file response and granting defendant’s motion for summary judgment.

In considering the Motion to Alter Judgment (of the previous, above-mentioned Order), the Court noted: “[A] Motion for reconsideration is appropriate where the court has misapprehended the facts, a party’s position, or the controlling law. . . . It is not appropriate to revisit issues already addressed or advance arguments that could have been raised in prior briefing”  (emphasis added).

Motion denied. 

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