Local Rule 7.1.5 governs motions for reargument, sometimes styled as motions for “reconsideration.” As we’ve noted, the deadline to move for reargument or reconsideration can be easy to miss. The deadline is just 14 days after the order or opinion, and there are no CMECF reminders to flag it for counsel.
What Is a motion for reargument?
A request for “clarification” of the Court’s prior order may be interpreted as a motion for reargument/reconsideration. But a motion for reargument is not a do-over. In fact, you cannot rehash arguments you already made—and you cannot make new arguments you could have raised earlier.
The scope of a motion for reargument is very narrow, and must show at least one of the following:
(1) An intervening change in controlling law;
(2) The availability of new evidence; or
(3) The need to correct clear error of law or to prevent manifest injustice.
Motions for reargument are difficult under the best circumstances.
What happens if you miss the deadline?
In a tort opinion released while we were at trial, a plaintiff missed this deadline and tried to style the motion for reconsideration under Federal Rules 59(e) and 60(b)(6).
Spoiler: it did not work.
Motions for reargument/reconsideration under the local rule have been described as the “functional equivalent” of a motion to alter or amend judgment under Rule 59(e) – but they are not the same.
Rules 59(e) and 60(b) are only applicable to final judgments, but this case was in its infancy with a motion to dismiss still pending. Because this case had not reached final judgment, Rules 59(e) and 60(b) were not the correct tools and were not valid substitutes for a motion for reargument under Local Rule 7.1.5.
Still Considered on the Merits, Despite Violations of the Local Rules
Notwithstanding Plaintiff’s violation of the Local Rules, the Court has considered Plaintiff's motion for reconsideration, brief in support thereof, the June 30, 2021 Amended Complaint, and the Court's March 9, 2023 Memorandum Opinion. The Court has found no clear errors or other grounds that would warrant reconsideration.
In spite of the combination of errors, including both filing after the 14-day deadline and exceeding the 10-page limit (both pursuant to the Local Rules), Judge Andrews did consider the motion and its briefing—but found it lacking on the merits.
Easier Solution? Just Don't Miss the Deadline
If you dare venture into dangerous waters, give your motion for reargument its best chance at success by not missing the deadline!
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