Opinion
MDL NO. 1407, No. 03-347, No. 03-361, No. 03-39
January 20, 2004
ORDER DENYING MOTIONS FOR RECONSIDERATION
On January 15, 2004, Plaintiffs filed Motions for Reconsideration of this Court's January 9, 2004 Orders of Dismissal dismissing plaintiffs' cases for failure to submit Plaintiff Fact Sheets ("PFS") as required by Case Management Order ("CMO") No. 6. Having reviewed these motions, and, being fully advised, the Court finds and concludes as follows:
Local Rule 7(h) provides:
Motions for reconsideration are disfavored. 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.
On October 25, 2003, the parties in each of the above cases submitted a Joint Stipulation of Dismissal in the Event of Non-Filing of Plaintiff's Fact Sheet, providing for dismissal without prejudice of each plaintiff's claims if no PFS was filed and served by October 15, 2003. The January 9, 2004 orders from which plaintiffs seek relief dismissed plaintiff's claims pursuant to the above agreements.
Plaintiffs do not argue that they submitted fact sheets as required by CMO No. 6. Rather, they object to entry of the January 9, 2004 orders of dismissal on the basis that the above cases are stayed by a December 19, 2003 Order ("Stay Order"). The Stay Order, however, expressly states that the stay shall not affect the parties' obligations under CMO No. 6, shall not prevent parties from filing or opposing dispositive motions based on CMO No. 6, nor shall it prevent the Court from ruling on dispositive motions. Stay Order, at 2.
For the reasons stated above, plaintiffs have failed to show either manifest error or new facts or legal authority that could not with reasonable diligence have been brought to the Court's attention earlier. The Court hereby DENIES plaintiffs' motions for reconsideration.