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United States v. Bass

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY


August 20, 2007

UNITED STATES OF AMERICA PLAINTIFFS
v.
ALIF BASS, DEFENDANT

The opinion of the court was delivered by: Patty Shwartz United States Magistrate Judge

OPINION & ORDER

This matter having come before the Court by way of the defendant's motion for reconsideration of the Order dated April 5, 2007, which granted the motion of the United States to detain the defendant pending trial;

and the Hon. Stanley R. Chesler having referred this motion to the Undersigned;

and the Court having considered the April 5, 2007 Order, the record of proceedings, and the parties submissions;*fn1

and the Court deciding this matter without oral argument pursuant to Local Civ. R. 78.1, which applies in criminal cases, see Local Crim. R. 1.1;

and a Motion for Reconsideration (a/k/a Motion for reargument)*fn2 being governed by Local Civil Rule 7.1(i);*fn3

and Local Civ. R. 7.1(i) providing for the reargument of an order if the motion is filed within 10 days (excluding weekends and holidays) after entry of the disputed order;

and the docket reflecting that the Order was entered on April 5, 2007 and the motion for reconsideration was filed on August 13, 2007 and therefore the motion is untimely and is procedurally barred;

and the Court noting that even if the motion was timely, the Court finding that the defendant has failed to show reconsideration is warranted;

and the Court noting that the purpose of a motion for reconsideration is "to correct manifest errors of law or fact or to present newly discovered evidence," Harsco Corp. v. Zlotnicki, 779 F.2d 906, 909 (3d Cir. 1985); see also Shoenfeld Asset Mgt. v. Cendent Corp., 161 F. Supp. 2d 349, 352 (D.N.J. 2001); Yurecko v. Port Authority Trans-Hudson, 2003 WL 22001196, at * 2 (D.N.J. Aug. 18, 2003);

and a court may grant a properly filed motion for reconsideration for one of three reasons: (1) an intervening change in the controlling law has occurred; (2) evidence not previously available has become available; or (3) it is necessary to correct a clear error of law or prevent manifest injustice, see United States v.Abdullah, 2007 WL 1816010 * (D.N.J. June 21, 2007); Database America v. Bellsouth Advertising & Publ'g., 825 F. Supp. 1216, 1220 (D.N.J. 1993)(citing Weyerhaeuser Corp. v. Koppers Co., 771 F. Supp. 1406, 1419 (D. Md. 1991)); Carmichael v Everson, 2004 WL 1587894 (D.N.J. 2004);

and Local Civ. R. 7.1(i) requiring that the moving party set forth "concisely the matters or controlling decision which counsel believes the [Court] has overlooked," G-69 v. Degnan, 748 F. Supp. 274, 275 (D.N.J. 1990);

and a motion for reconsideration being improper when it is used "to ask the Court to rethink what it had already thought through -- rightly or wrongly," see Ciba-Geigy Corporation v. Alza Corporation, 1993 WL 90412, at *1 (D.N.J. Mar. 25, 1993); Oritani Sav. & Loan v. Fidelity & Deposit Co., 744 F. Supp. 1311, 1314 (D.N.J. 1990), rev'd on other grounds, 989 F.2d 635 (3d Cir. 1993);

and because reconsideration of a judgment after its entry is an extraordinary remedy, motions to reconsider or reargue are granted "very sparingly," Maldonado v. Lucca, 636 F. Supp. 621, 630 (D.N.J. 1986); Damiano v. Sony Music Entm't, Inc., 975 F. Supp. 623, 634 (D.N.J. 1996);

and the defendants not arguing that there have been new facts or an intervening change in the law;

and the Court finding that the legal arguments now presented could have been presented earlier and a "motion for reconsideration is not an opportunity for the parties to engage in an endless debate over previously litigated arguments," United States v. Garcia, 2000 U.S. Dist. LEXIS 6992 at * 3 (D. Del. Apr. 5, 2000);

and the Court incorporating by reference its findings on the record on April 5, 2007 and in its Order dated April 5, 2007;

and for the reasons set forth herein;*fn4

and for good cause shown

IT IS on this 20th day of August 2007

ORDEREDthat the defendant's motion for reconsideration of the Order dated April 5, 2007 [Docket Entry No. 14] is denied.


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