Free Order on Motion for Joinder - District Court of Colorado - Colorado

Case 1:04-cv-00865-REB-CBS

Document 127

Filed 09/14/2005

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Case No. 04-cv-00865-REB-CBS ESTATE OF APRIL HILL, SCOTT HILL, personal representative, SCOTT HILL, as Conservator of the Estate of Katelyn Hill, and SCOTT HILL, individually, Plaintiffs, v. ALLSTATE INSURANCE COMPANY, MERASTAR INSURANCE COMPANY, and PRUDENTIAL INSURANCE COMPANY OF AMERICA, Defendants.

ORDER GRANTING DEFENDANT ALLSTATE INSURANCE COMPANY' S JOINDER IN MERASTAR' MOTION FOR PARTIAL SUMMARY S JUDGMENT ON THE CLAIMS FOR LOST WAGES Blackburn, J. The matter before me is Defendant Allstate Insurance Company' Joinder in s Merastar' Motion for Partial Summary Judgment on the Claims for Lost Wages [#102], s filed August 10, 2005. For the reasons, arguments, and authorities stated in my previous order granting Merastar Insurance Company' identical motion (see Order s Granting Defendant Merastar Insurance Company' Motion to Dismiss for Partial s Summary Judgment on the Claims of the Estate of Katelyn Hill for Lost Wages [#98], filed August 9, 2005), the motion should be granted.1
Plaintiff requests that I treat his response as a motion for reconsideration of my prior order granting Merastar' motion for partial summary judgment " the extent this Court allows." (Plf. Resp. at s [t]o 1, n.1.) The Local Rules preclude me from so doing. D.C.COLO.LCivR 7.1C) (" motion shall not be A included in a response or reply to the original motion." Even had the motion been presented properly, it ). would be unavailing, as plaintiff has merely restated the arguments he unsuccessfully pressed in his
1

Case 1:04-cv-00865-REB-CBS

Document 127

Filed 09/14/2005

Page 2 of 2

THEREFORE, IT IS ORDERED that Defendant Allstate Insurance Company' s Joinder in Merastar' Motion for Partial Summary Judgment on the Claims for Lost s Wages [#102], filed August 10, 2005, is GRANTED. Dated September 14, 2005, at Denver, Colorado. BY THE COURT:

s/ Robert E. Blackburn Robert E. Blackburn United States District Judge

response to the prior summary judgment motion. See Servants of the Paraclete v. Does, 204 F.3d 1005, 1012 (10th Cir. 2000) (" Thus, a motion for reconsideration is appropriate where the court has misapprehended the facts, a party' position, or the controlling law. It is not appropriate to revisit issues s already addressed or advance arguments that could have been raised in prior briefing." (citations ) omitted).

2