Free Response to Motion - District Court of Colorado - Colorado

Case 1:04-cv-01124-JLK-MEH

Document 132-2

Filed 12/01/2006

Page 1 of 2

Not Reported in F.Supp.2d Not Reported in F.Supp.2d, 2006 W L 722370 (D.Colo.) (Cite as: Not Reported in F.Supp.2d)

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Briefs and Other Related Documents Proffitt v. CornukeD.Colo.,2006.Only the W estlaw citation is currently available. United States District Court,D. Colorado. Kathryn L. PROFFITT, Plaintiff, v. Bob CORNUKE, an individual, B.A.S.E. Institute, a Colorado corporation, Anchor Productions, JV, and Global Publishing Services, Inc. Defendants. No. Civ.A. 03-K-810. March 22, 2006.

second opportunity for the losing party (through new or additional counsel) to make its strongest case, to rehash arguments, or to dress up argument that previously failed. See Voelkel v. General Motors Corp., 846 F.Supp. 1482, 1483 (D.Kan.), aff'd, 43 F.3d 1484 (10 th Cir.1994). I have carefully considered the points and authorities raised by Defendants in support of their M otion, and none commands the relief requests. W hile I have little hope my words will fall on ears not already rendered deaf by the parties mutual antagonism and distrust, the unending cycle of rulings met with motions met with counter-motions to strike those motions which are then met with motions for sanctions should and must cease. The parties are exhausting themselves and exhausting the court with their ill-will and jaundiced views of justice and recompense that ultimately cannot be resolved in a civil court of law. The Motion for Reconsideration (Doc. 144) is DENIED. D.Colo.,2006. Proffitt v. Cornuke Not Reported in F.Supp.2d, 2006 W L 722370 (D.Colo.) Briefs and Other Related Documents (Back to top) · 2006 W L 1197276 (Trial M otion, Memorandum and Affidavit) The Cornuke Defendants' Reply in Support of Motion to Reconsider Order Denying Motion to Dismiss Plaintiff's Contract Claims (Mar. 21, 2006) Original Image of this Document (PDF) · 2006 W L 1197275 (Trial M otion, Memorandum and Affidavit) Plaintiff Kathryn Proffitt's Response to the Cornuke Defendants' Motion to Recuse Honorable Boyd N. Boland (M ar. 6, 2006) Original Image of this Document (PDF) · 2006 W L 1197274 (Trial M otion, Memorandum and Affidavit) Plaintiff Kathryn Proffitt's Response to the Cornuke Defendants' Motion to Strike Exhibits A-D and F-M to Plaintiff's Motion for Reconsideration or

Mark Richard Jewett, Phoenix, AZ, for Plaintiff. Robert R. Brunelli, Sheridan Ross, P.C., Denver, CO, Stephen M. Crampton, Attorney at Law, Tupelo, MS, for Defendants. ORDER DENYING DEFENDANTS' MOTION TO RECONSIDER 9/9/05 ORDER DENYING MOTION TO DISMISS PLAINTIFF'S CONTRACT CLAIM S KANE, Senior J. *1 This matter is before me on the Cornuke Defendants' Motion to Reconsider my O rder Denying Motion to Dismiss Plaintiff's Contract Claims. The Motion is Doc. No. 144. The Order to which it is directed is Doc. 99. The Motion to Reconsider is DENIED. A motion for reconsideration is proper when the court has "made a mistake not of reasoning but of apprehension ... [or] if there has been a significant change or development in the law or facts since submission." EEOC v. Foothills Title Guar. Co., 1991 W L 61012 at *3 (D.Colo. April 12, 1991), aff'd, 956 F.2d 277 (10th Cir.1992); see Major v. Benton, 647 F.2d 110, 112 (10th Cir.1981)(explaining the law of the case doctrine generally requires a court to adhere to its rulings in the interest of expeditious resolution of disputes and to prevent continued reargument of issues already decided). A motion to reconsider is not a

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Case 1:04-cv-01124-JLK-MEH

Document 132-2

Filed 12/01/2006

Page 2 of 2

Not Reported in F.Supp.2d Not Reported in F.Supp.2d, 2006 W L 722370 (D.Colo.) (Cite as: Not Reported in F.Supp.2d)

Page 2

Alternatively to Place this Matter under Seal (Mar. 2, 2006) Original Image of this Document (PDF) · 2006 W L 1197272 (Trial M otion, Memorandum and Affidavit) Defendant Douglas Scherling's Response to the Cornuke Defendants' Motion to Strike Exhibits A-D and F-M to Plaintiff's M otion for Reconsideration or Alternatively to Place this Matter under Seal (Mar. 1, 2006) Original Image of this Document (PDF) · 2006 W L 1197273 (Trial M otion, Memorandum and Affidavit) Plaintiff Kathryn Proffitt's Response to the Cornuke Defendants' Motion to Reconsider Order Denying Motion to Dismiss Plaintiff's Contract Claims (M ar. 1, 2006) Original Image of this Document with Appendix (PDF) · 2006 W L 823057 (Trial Motion, Memorandum and Affidavit) The Cornuke Defendants' Motion to Reconsider Order Denying Motion to Dismiss Plaintiff's Contract Claims (Feb. 10, 2006) Original Image of this Document (PDF) · 2006 W L 823056 (Trial Motion, M emorandum and Affidavit) The Cornuke Defendants' Motion to Strike Exhibits A-D and F-M to Plaintiff's Motion for Reconsideration or Alternatively to Place This Matter under Seal (Feb. 9, 2006) Original Image of this Document (PDF) · 2006 W L 823054 (Trial Motion, Memorandum and Affidavit) Defendant Bob Cornuke's Reply in Support of Motion to Strike and for Protective Order (Feb. 8, 2006) Original Image of this Document (PDF) · 2006 W L 823055 (Trial Motion, Memorandum and Affidavit) The Cornuke Defendants' Response in Opposition to Plaintiff's Motion for Reconsideration and for Evidentiary Hearing (Feb. 8, 2006) Original Image of this Document (PDF) · 2006 W L 823052 (Trial Motion, Memorandum and Affidavit) Defendant Bob Cornuke's Reply in Support of Motion to Strike and for Protective Order, Response in Opposition to Plaintiff's Motion for Reconsideration and for Evidentiary Hearing, Motion to Strike Exhibits A-D and F-M to Plaintiff's M otion for Recon sideration or for Order Placing T hem Under Seal, and All Cornuke Defendants' Motion for Reconsideration (Feb. 3, 2006) Original Image of this Document (PDF) · 2006 W L 823053 (Trial Motion, M emorandum and Affidavit) Defendant Bob Cornuke's Amended Reply in Support of Motion to Strike and for Protective Order, Response in Opposition to Plaintiff's Motion for

Reconsideration and for Evidentiary Hearing, M otion to Strike Exhibits A-D and F-M to Plaintiff's Motion f or Reconsideration or for Order Placing Them Under Seal, and All Cornuke Defendants' Motion for Reconsideration (Feb. 3, 2006) Original Image of this Document (PDF) · 2006 W L 387774 (Trial Motion, Memorandum and Affidavit) Proffitt's Reply in Support of Her M otion to Dismiss Counterclaims Filed November 14, 2005 (Jan. 24, 2006) Original Image of this Document (PDF) · 2006 W L 387773 (Trial Motion, Memorandum and Affidavit) Proffitt's Response to Order to Show cause Motion for Reconsideration/Clarification and Request for Evidentiary Hearing (Jan. 17, 2006) Original Image of this Document with Appendix (PDF) · 2006 W L 387772 (Trial Motion, Memorandum and Affidavit) Defendants Bob Cornuke, B.A.S.E. Institute, Anchor Productions, and Global Publishing's Response in Opposition to Plaintiff's Motion to Dismiss Counterclaims (Jan. 4, 2006) Original Image of this Document (PDF) · 2005 W L 3625001 (Trial M otion, Memorandum and Affidavit) Proffitt's Motion to Dismiss Counterclaims (Oct. 31, 2005) Original Image of this Document (PDF) · 2005 W L 3157013 (Trial Pleading) Defendants Bob Cornuke, B.A.S.E. Institute, Anchor Productions, and Global Publishing's Answer to Plaintiff's Verified Second Amended Complaint for Damages1 and Counterclaims (Oct. 11, 2005) Original Image of this Document (PDF) · 2005 W L 3157014 (Trial Pleading) Defendants Douglas Scherling's Answer and Counterclaim to Plaintiff's Verified Second Amended Complaint for Damages (Oct. 11, 2005) Original Image of this Document (PDF) · 2005 W L 3336621 (Trial Pleading) Defendants Bob Cornuke, B.A.S.E. Institute, Anchor Productions, and Global Publishing's Answer to Plaintiff's Verified Second Amended Complaint for Damages%n1%n and Counterclaims (Oct. 11, 2005) Original Image of this Document (PDF) · 1:03cv00810 (Docket) (May 2, 2003) END OF DOCUMENT

© 2006 Thomson/W est. No Claim to Orig. U.S. Govt. W orks.