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Douglas Autotech Corporation v. Scott Fetzer Company

United States District Court, W.D. Michigan, Southern Division
Mar 24, 2008
Case No. 1:07-CV-1062 (W.D. Mich. Mar. 24, 2008)

Opinion

Case No. 1:07-CV-1062.

March 24, 2008


ORDER


Plaintiff Douglas Autotech Corporation has filed a timely Motion for Reconsideration of the Court's Opinion and Judgment of January 23, 2008 dismissing this action. Upon review of the Motion and Response, oral argument is unnecessary. See W.D. Mich. L. Civ. R. 7.4(b).

Pursuant to Western District of Michigan Local Civil Rule 7.4(a), reconsideration is proper only when the movant "demonstrate[s] a palpable defect by which the Court and the parties have been mislead . . . [and] that a different disposition must result from the correction thereof." Plaintiff's Motion fails this standard and those applicable under Federal Rule of Civil Procedure 60(b). The record shows that the Douglas Autotech property was a single facility as to which a single limitation period applied under CERCLA. This action was filed too late and neither equity nor any rule of law support extension of the limitation period. For these and other reasons argued in the Response;

IT IS HEREBY ORDERED that Plaintiff Douglas Autotech Corporation's Motion for Reconsideration (Dkt. No. 15) is DENIED.


Summaries of

Douglas Autotech Corporation v. Scott Fetzer Company

United States District Court, W.D. Michigan, Southern Division
Mar 24, 2008
Case No. 1:07-CV-1062 (W.D. Mich. Mar. 24, 2008)
Case details for

Douglas Autotech Corporation v. Scott Fetzer Company

Case Details

Full title:DOUGLAS AUTOTECH CORPORATION, Plaintiff, v. THE SCOTT FETZER COMPANY…

Court:United States District Court, W.D. Michigan, Southern Division

Date published: Mar 24, 2008

Citations

Case No. 1:07-CV-1062 (W.D. Mich. Mar. 24, 2008)