Opinion
Civil Action No. 12-cv-01304-PAB-BNB
06-12-2012
ENERGY SERVICES, LIMITED LIABILITY COMPANY, a Colorado limited liability company, Plaintiff, v. DYAD ENVIRONMENTAL, LLC, an Idaho limited liability company, Defendant.
Judge Philip A. Brimmer
ORDER
This matter is before the Court on plaintiff's motion for reconsideration [Docket No. 19] of the Court's May 30, 2012 order [Docket No. 15] denying plaintiff's motion for temporary restraining order and preliminary injunction [Docket No. 2].
In the May 30 order, the Court denied plaintiff's motion for temporary restraining order and preliminary injunction without prejudice, noting that plaintiff had "not provided a basis upon which the Court c[ould] conclude that plaintiff is likely to succeed on the merits." Docket No. 15 at 4. Plaintiff does not identify any error in the May 30 order. Rather, in the present motion, plaintiff says it "now provides the Court with additional information and supporting evidence as well as additional legal argument[.]" Docket No. 19 at 1-2. To the extent plaintiff seeks reconsideration of the Court's May 30 order, the motion will be denied.
The Federal Rules of Civil Procedure do not specifically provide for motions for reconsideration, see Hatfield v. Bd. of County Comm'rs for Converse County, 52 F.3d 858, 861 (10th Cir. 1995), and, where, as here, a party files a motion for reconsideration prior to the entry of judgment, Rules 59(e) and 60(b) do not apply. See Houston Fearless Corp. v. Teter, 313 F.2d 91, 92 (10th Cir. 1962). Instead, the motion falls within a court's plenary power to revisit and amend interlocutory orders as justice requires. See Paramount Pictures Corp. v. Thompson Theatres, Inc., 621 F.2d 1088, 1090 (10th Cir. 1980) (citing Fed. R. Civ. P. 54(b)); see also Houston Fearless Corp., 313 F.2d at 92.
The motion renews the prior request for a temporary restraining order and preliminary injunction. To the extent the motion seeks a temporary restraining order, the motion will be denied for failure to comply with Fed. R. Civ. P. 65 because plaintiff has not provided "specific facts in an affidavit or a verified complaint [that] clearly show that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition." Fed. R. Civ. P. 65(b)(1)(A).
As a final note, plaintiff requests that the Court set a hearing on the motion. Once the renewed request for a preliminary injunction is fully briefed, the Court will inform the parties whether a hearing will be necessary in order to resolve it.
For the foregoing reasons, it is
ORDERED that plaintiff's motion for reconsideration [Docket No. 19] is denied in part and held in abeyance in part.
BY THE COURT:
___________________________
PHILIP A. BRIMMER
United States District Judge