Opinion
No. CV 01-147-M-DWM.
August 27, 2004
ORDER
Plaintiffs ask the Court to reconsider its Order of December 19, 2002 dismissing Americas Mining Corporation ("AMC") for lack of personal jurisdiction. Plaintiffs base their request for reconsideration on the emergence of the "new and materially different" fact of Grupo Mexico's Guarantee of Defendant Asarco's environmental liabilities. The fact of Grupo's guarantee of some of Asarco's liabilities was considered in detail by this Court in deciding Grupo's motion to dismiss for lack of personal jurisdiction, and was found not to support a finding of personal jurisdiction over Grupo. Given that Americas Mining Corporation is in the same position as Grupo Mexico vis-a-vis Asarco, the Court will not reconsider its ruling dismissing AMC.
Accordingly, IT IS HEREBY ORDERED that the Plaintiff's motion for reconsideration (dkt #s 117 123) is DENIED.