Opinion
Case No. C05-0254L.
May 10, 2006
ORDER ON TRUCK'S MOTION FOR RECONSIDERATION
This matter comes before the Court on defendant's "Motion for Partial Relief from order on Truck's Motions for Summary Judgment" (Dkt. # 155). Truck Insurance Exchange ("Truck") seeks relief under Rule 60 from the Court's order on Truck's motions for summary judgment (Dkt. # 149). Fed.R.Civ.P. 60(b). This rule is inapplicable to orders that are not final judgments within the meaning of Rule 54. Fed.R.Civ.P. 54; see also Burke v. Warren County Sheriff's Dept., 916 F.Supp. 181 (N.D.N.Y. 1996); 12 JAMES WM. MOORE ET AL., MOORE'S FEDERAL PRACTICE ¶ 60.02 ("By its terms, Rule 60(b) applies to final orders and final proceedings as well as to judgments."). Truck's motion also might be considered a motion for reconsideration pursuant to local rule 7(h). Local Rule CR 7(h). These motions "are disfavored" and the Court "will ordinarily deny such motions in the absence of a showing of manifest error in the prior ruling or a showing of new facts or legal authority which could not have been brought to its attention earlier with reasonable diligence." Id. The Court finds that Truck's motion does not meet this standard. For these reasons, IT IS HEREBY ORDERED that Truck's "Motion for Partial Relief from order on Truck's Motions for Summary Judgment" (Dkt. # 155) is DENIED.