Summary
denying leave to file motion for reconsideration beyond the ten-day filing limit to raise arguments which could have been previously raised
Summary of this case from Smith v. Virgin Islands Port AuthorityOpinion
Civil No. 2003-88.
June 17, 2009
Carol Liles, Water Island, U.S.V.I., Pro se plaintiff.
James M. Derr, Esq., St. Thomas, U.S.V.I., For defendant Steve Rampino.
Steve Scully, St. Thomas, U.S.V.I., Pro se defendant.
ORDER
Before the Court is the motion of the plaintiff, Carol Liles ("Liles") for leave to file a motion for reconsideration of this Court's March 9, 2009, Order denying Liles' motion for default judgment against defendant Revetaw, Inc. ("Revetaw") out of time. Liles asserts that an extension of time is necessary to enable her to compile the documents required to correct the defects in her motion for default judgment. However, a motion for reconsideration is not to be used as "a vehicle for . . . raising arguments that could have been raised before but were not." Bostic v. AT T of the Virgin Islands, 312 F. Supp. 2d 731, 733, 45 V.I. 553 (D.V.I. 2004). Accordingly, it is hereby
ORDERED that the motion for leave to file a motion for reconsideration out of time is DENIED.
While the Court finds no basis for granting Liles leave to filed her reconsideration motion out of time, it notes that nothing precludes Liles from filing anew her motion for default judgment.