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Griffor v. BSI Financial Services Ventrues Trust

United States District Court, E.D. Michigan, Southern Division

June 21, 2017

EDWARD GRIFFOR, MARIELA GRIFFOR, Plaintiffs,
v.
BSI FINANCIAL SERVICES VENTURES TRUST 2013-I-H-R By MCM CAPITAL PARTNERS LLC, BANK OF AMERICA N.A., Defendants.

          ORDER DENYING PLAINTIFFS' MOTION FOR RECONSIDERATION [#25]

          HON. DENISE PAGE HOOD JUDGE

         I. BACKGROUND

         This matter is now before the Court on Plaintiffs Edward Griffor and Mariela Griffor's (“the Griffors”) Motion for Reconsideration filed on April 14, 2017. (Doc # 25) On March 31, 2017, the Court entered an Order Granting Defendant Bank of America, N.A.'s Motion to Dismiss (Doc # 9) and Granting Defendants BSI Financial (“BSI”), Ventures Trust 2013-I-H-R (“Trust”), and MCM Capital Partners, LLLP's Joint Motion to Dismiss (Doc # 13). (Doc # 23) For the reasons set forth below, the Court denies the Griffors' Motion for Reconsideration.

         II. ANALYSIS

         A. Standard of Review

         The Griffors cite both Local Rule 7.1 and Rule 59(e) of the Federal Rules of Civil Procedure.

         The Local Rules of the Eastern District of Michigan provide that any motion for reconsideration must be filed within 14 days after entry of the judgment or order. E.D. Mich. LR 7.1(h)(1). No response to the motion and no oral argument thereon are permitted unless the Court orders otherwise. Id. at 7.1(h)(2). The Griffors' Motion is timely filed.

         Local Rule 7.1 further states:

(3) Grounds. Generally, and without restricting the court's discretion, the court will not grant motions for rehearing or reconsideration that merely present the same issues ruled upon by the court, either expressly or by reasonable implication. The movant must not only demonstrate a palpable defect by which the court and the parties and other persons entitled to be heard on the motion have been misled but also show that correcting the defect will result in a different disposition of the case.

Id. at 7.1(h)(3). “A ‘palpable defect' is a defect which is obvious, clear, unmistakable, manifest, or plain.” Fleck v. Titan Tire Corp., 177 F.Supp.2d 605, 624 (E.D. Mich. 2001). A motion for reconsideration is not a vehicle to re-hash old arguments, or to proffer new arguments or evidence that the movant could have brought up earlier. Sault Ste. Marie Tribe v. Engler, 146 F.3d 367, 374 (6th Cir. 1998) (motions under Fed.R.Civ.P. 59(e) “are aimed at re consideration, not initial consideration”) (citing FDIC v. World Universal Inc., 978 F.2d 10, 16 (1st Cir. 1992)).

         Rule 59(e) of the Federal Rules of Civil Procedure provides that “[a] motion to alter or amend a judgment must be filed no later than 28 days after the entry of the judgment.” Fed.R.Civ.P. 59(e). “A district court may grant a Rule 59(e) motion to alter or amend judgment only if there is: ‘(1) a clear error of law; (2) newly discovered evidence; (3) an intervening change in controlling law; or (4) a need to prevent manifest injustice.'” Henderson v. Walled Lake Consol. Sch., 469 F.3d 479, 496 (6th Cir. 2006) (quoting Intera Corp. v. Henderson, 428 F.3d 605, 620 (6th Cir. 2005)). “This standard is not inconsistent with the ‘palpable defect' standard” applied to a motion for reconsideration. Walled Lake, 469 F.3d at 496.

         B. Palpable Defect

         1. Defamation Claim Against BSI and Trust

         The Griffors argue that the Court made a palpable error in its March 31, 2017 Order because the Court failed to address the fact that Mariela Griffor was ...


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