LLC v. Barbara Garrett (2012)

MEMORANDUM OF DECISION RE DEFENDANT'S MOTION TO REARGUE (# 108.00)

The defendant's Motion to Reargue (# 108.00) is denied for the following reasons:

1. It is dated January 6, 2012 and certified on January 6, 2012, which is the same date of the motion and certification date as Motion to Reargue (# 106.00).

2. The two-page body of Motion to Reargue (# 108.00) is identical to the two-page body of Motion to Reargue (# 106.00).

3. On January 10, 2012 this court denied Motion to Reargue (# 106.00) in a two-page Memorandum of Decision that was date stamped January 10, 2012.

4. The body of both Motions (# 106.00) and (# 108.00) address this court's ten-page December 23, 2011 Memorandum of Decision (# 104.00) and this court denied Motion to Reargue (# 106.00) by its January 10, 2012 two-page Memorandum of Decision (# 107.00).

5. The only difference between Motion to Reargue (# 106.00) and (# 108.00) is the attachment of Exhibits A, B and C, documents that were already in the court file.   Exhibits A and B were before the court and considered by the court in its December 23, 2011 Memorandum of Decision (# 104.00).   Exhibits A, B and C were before the court and considered by the court in its January 10, 2012 Memorandum of Decision (# 107.00).

6. This Motion to Reargue (# 108.00) fails to set “forth the decision and order which is the subject of the motion.”  P.B. § 11–12(a).   This court has already considered and decided the Motion to Reargue addressed to this court's December 23, 2011 Memorandum of Decision (# 107.00).

Any one of the above six reasons is sufficient by itself to support this court's denial of Defendant's Motion to Reargue (# 108.00).

BY THE COURT

Hon. Kevin Tierney

Judge Trial Referee

Tierney, Kevin, J.T.R.