Opinion
CASE NUMBER: 06-CV-15625.
February 5, 2007
ORDER
On January 17, 2007, the Court dismissed Plaintiff's Complaint sua sponte because it did not identify a federal cause of action or allege facts demonstrating diversity jurisdiction. On January 23, 2007, Plaintiffs filed an "Emergency Motion to Stay Void of Judgment and Judicial Notice." The Court treats this as a motion for it to reconsider its Order of Dismissal.
Eastern District of Michigan Local Rule 7.1(g)(3) provides for reconsideration if the movant demonstrates a palpable defect by which the court and the parties have been misled, and further demonstrates that correcting the defect will result in a different disposition of the case. "A `palpable defect' is a defect which is obvious, clear, unmistakable, manifest, or plain." Fleck v. Titan Tire Corp., 177 F.Supp.2d 605, 624 (E.D.Mich. 2001). "[T]he court will not grant motions for rehearing or reconsideration that merely present the same issues ruled upon by the court, either expressly or by reasonable implication." L.R. 7.1(g)(3).
Plaintiffs fails to make the required showing for reconsideration. The Court is not persuaded that its ruling contained manifest errors of law, and Plaintiffs did not identify any factual matter of which the Court was not aware when it ruled on the issues raised. Further, Plaintiffs failed to state a basis upon which to grant a stay. Therefore, Plaintiffs' motion is DENIED.
IT IS SO ORDERED.