Lowry ( 2020 )


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  • UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION HAKEEM LOWRY, Appellant, Case No. 19-12362 Hon. Victoria A. Roberts Mag. Judge Elizabeth A. Stafford v. SOUTHFIELD NEIGHBORHOOD REVITALIZATION INITIATIVE, LLC, et al., Appellees. ____________________________/ ORDER DENYING PLAINTIFF’S MOTION FOR RECONSIDERATION [ECF No. 18] On June 5, 2020, the Court entered an order affirming the Bankruptcy Court’s dismissal of Lowry’s third adversary complaint. [ECF No. 17]. Lowry now moves for the Court to reconsider pursuant to Eastern District of Michigan Local Rule 7.1(h)(3). [ECF No. 34]. Local Rule 7.1(h)(3) provides the Court's standard of review for a motion for reconsideration: Generally, and without restricting the court’s discretion, the court will not grant motions for ... 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. E.D. Mich. LR 7.1(h)(3). Palpable defects are those which are “obvious, clear, unmistakable, manifest or plain.” Mich. Dep't of Treasury v. Michalec, 181 F. Supp. 2d 731, 734 (E.D. Mich. 2002). “It is an exception to the norm for the Court to grant a motion for reconsideration.” Maiberger v. City of Livonia, 724 F. Supp. 2d 759, 780 (E.D. Mich. 2010). “[A]bsent a significant error that changes the outcome of a ruling on a motion, the Court will not provide a party with an opportunity to relitigate issues already decided.” Id. Lowry presents the same arguments in his motion for reconsideration, which were ruled upon and rejected by the Court. Importantly, Lowry again fails to respond to the Court’s concern that Lowry may, in fact, lack standing to bring this claim. As such, he fails to demonstrate a palpable defect in the Court’s order. Lowry’s motion for reconsideration is DENIED. IT IS ORDERED. s/ Victoria A. Roberts Victoria A. Roberts United States District Judge Dated: July 9, 2020

Document Info

Docket Number: 2:19-cv-12362

Filed Date: 7/9/2020

Precedential Status: Precedential

Modified Date: 6/22/2024