Opinion
Case Number 03-10141-BC.
March 31, 2006
ORDER DENYING PLAINTIFF'S MOTION FOR RECONSIDERATION
Before the Court is the plaintiff's motion seeking reconsideration of the Court's order adopting the magistrate judge's report and recommendation and dismissing the case with prejudice. Motions for reconsideration may be granted pursuant to E.D. Mich. LR 7.1(g) when the moving party shows (1) a "palpable defect," (2) that misled the court and the parties, and (3) that correcting the defect will result in a different disposition of the case. E.D. Mich. LR 7.1(g)(3). A "palpable defect" is a defect which is obvious, clear, unmistakable, manifest, or plain. Mich. Dep't of Treasury v. Michalec, 181 F. Supp. 2d 731, 734 (E.D. Mich. 2002) (citations omitted).
The plaintiff here has not demonstrated any mistake of fact or law that amounts to a "palpable defect." Rather, the plaintiff re-asserts the arguments presented the first time around. The Local Rules provide, however, that any "motions for rehearing or reconsideration which merely present the same issues ruled upon by the Court, either expressly or by reasonable implication, shall not be granted." E.D. Mich. LR 7.1(g)(3). The Court will deny the motion for reconsideration.
Accordingly, it is ORDERED that the plaintiff's motion for reconsideration of the order of March 14, 2006 [dkt # 76] is DENIED.