Huffman v. Westmoreland Coal Company

Full title: DALE HUFFMAN, Plaintiff, v. WESTMORELAND COAL COMPANY, a Delaware…

Court: United States District Court, D. Colorado

Date published: Jan 10, 2006

Civil Action No. 04-cv-1778-ZLW-BNB (D. Colo. Jan. 10, 2006)

Opinion

Civil Action No. 04-cv-1778-ZLW-BNB.

January 10, 2006

ORDER

ZITA WEINSHIENK, Senior District Judge

The matter before the Court is Plaintiff Dale Huffman's Motion For Reconsideration. Plaintiff moves for reconsideration of the Court's December 23, 2005, Order awarding certain fees and costs to Defendant, based on alleged manifest injustice and clear legal error.¹ However, Plaintiff's motion for reconsideration simply restates the arguments presented to the Court on the underlying motion, which the Court addressed and rejected in the December 23, 2005, Order. Because Plaintiff has failed to set forth any new grounds warranting reversal of the Court's prior decision, Plaintiff's motion for reconsideration properly is denied.² Accordingly, it is

1 See Shields v. Shetler, 120 F.R.D. 123, 126 (D. Colo. 1988) (courts recognize "the need to correct clear error or prevent manifest injustice" as grounds for reconsideration).

2 See id.; see also Van Skiver v. U.S., 952 F.2d 1241, 1243 (10^th Cir. 1991).

ORDERED that Plaintiff Dale Huffman's Motion For Reconsideration (Doc. # 54) is denied.