Fellenz v. Lombard Investment Corp.

400 F. Supp. 2d 681, 96 A.F.T.R.2d (RIA) 6706, 2005 U.S. Dist. LEXIS 25721, 2005 WL 3104145
CourtDistrict Court, D. New Jersey
DecidedOctober 18, 2005
Docket04-3992 (AET), 04-5768(AET), 04-3992, 04-6105(AET)
StatusPublished
Cited by39 cases

This text of 400 F. Supp. 2d 681 (Fellenz v. Lombard Investment Corp.) is published on Counsel Stack Legal Research, covering District Court, D. New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fellenz v. Lombard Investment Corp., 400 F. Supp. 2d 681, 96 A.F.T.R.2d (RIA) 6706, 2005 U.S. Dist. LEXIS 25721, 2005 WL 3104145 (D.N.J. 2005).

Opinion

MEMORANDUM and ORDER

ANNE E. THOMPSON, District Judge.

This matter comes before the Court on (1) Linda Lombardi and Lombard Investment Corporation’s motion for reconsideration of the portion of this Court’s May 12, 2005 Order dismissing Count 15 of their Complaint against the United States; (2) Linda Lombardi, Lombard Investment Corporation, and Carhart & Lombardi’s motion to dismiss the United States’ complaint; (3) Linda Lombardi, Lombard Investment Corporation, and Carhart & Lombardi’s motion to dismiss the cross- *683 claims of Terry Falcone; and (4) New Deal Plumbing and Heating Supply Company, Inc. and Michael Lombardi’s motion to dismiss the cross-claims of Terry Falcone. The Court has decided these motions after considering the parties’ written submissions and without oral argument pursuant to Fed.R.Civ.P. 78. For the reasons stated below, all the pending motions will be denied.

I. Motion for Reconsideration

Linda Lombardi and Lombard Investment Corporation move for reconsideration of the portion of this Court’s May 12, 2005 Order dismissing Count 15 of their Complaint against the United States. In the District of New Jersey, a motion for reconsideration is governed by Rule 7.1(i) (previously 7.1(g)) of the Local Civil Rules. United States v. Compaction Sys. Corp., 88 F.Supp.2d 339, 345 (D.N.J.1999). A motion under Rule 7.1(i) may address only those matters of fact or issues of law which were presented to, but not considered by, the court in the course of making the decision at issue. SPIRG v. Monsanto Co., 727 F.Supp. 876, 878 (D.N.J.1989), aff'd, 891 F.2d 283 (3d Cir.1989). Matters may not be introduced for the first time on a reconsideration motion, and absent unusual circumstances, a court should reject new evidence which was not presented when the court made the contested decision. See, e.g., Yurecko v. Port Authority Trans-Hudson Corp., 279 F.Supp.2d 606, 609 (D.N.J.2003); Resorts Int’l, Inc. v. Greate Bay Hotel and Casino, Inc., 830 F.Supp. 826, 831 & n. 3 (D.N.J.1992). Motions for reconsideration “are not an opportunity to argue what could have been, but was not, argued in the original set of moving and responsive papers.” Bowers v. National Collegiate Athletic Ass’n, 130 F.Supp.2d 610, 613 (D.N.J.2001).

Moreover, Rule 7.1(i) does not allow parties to restate arguments which the court has already considered; rather, a difference of opinion with the court’s decision should be dealt with through the normal appellate process. Florham Park Chevron, Inc. v. Chevron U.S.A., Inc., 680 F.Supp. 159, 162 (D.N.J.1988). A court will grant a motion for reconsideration only if the movant establishes that the court overlooked “dispositive factual matters or controlling decisions of law.” Rouse v. Plantier, 997 F.Supp. 575, 578 (D.N.J.1998). Relief under Rule 7.1(i) will be granted “very sparingly.” Maldonado v. Lucca, 636 F.Supp. 621, 630 (D.N.J.1986).

In the present motion, Linda Lombardi and Lombard Investment Corporation simply disagree with the Court’s previous findings of fact and law. The Court previously considered and either implicitly or explicitly rejected these arguments. Further, in addition to recasting previously raised arguments, Linda Lombardi and Lombard Investment Corporation ask the Court to consider new arguments, but have not presented the Court with circumstances that would counsel against rejecting such arguments. For these reasons, the motion for reconsideration is denied.

II. Motions to Dismiss

Linda Lombardi, Lombard Investment Corporation, and Carhart & Lombardi move to dismiss the counts of the United States’ complaint that pertain to them and to dismiss the cross-claims of Terry Fal-cone. New Deal Plumbing and Heating Supply Company, Inc. and Michael Lombardi also move to dismiss the cross-claims of Terry Falcone. At the outset, the Court notes that this Order will not address arguments that appear for the first time in Defendants’ reply briefs. See Bayer AG v. Schein Pharmaceutical, Inc., 129 *684 F.Supp.2d 705, 716 (D.N.J.2001) (noting that reply briefs should only respond to the opposition’s arguments “because the local rules do not permit sur-reply briefs [and] a party opposing summary judgment has no opportunity to respond to newly minted arguments contained in reply briefs.”)

In a complaint, a plaintiff is only required to make “a short and plain statement of the claim showing that the pleader is entitled to relief.” Fed.R.Civ.P. 8(a)(2). The purpose of allegations laid out in the complaint is to give the defendant fair notice of the plaintiffs claims and the grounds on which they rest. Swierkiewicz v. Sorema N.A., 534 U.S. 506, 512, 122 S.Ct. 992, 152 L.Ed.2d 1 (2002) (citing Fed.R.Civ.P. 8(a)(2)). Complaints “need not plead law or match facts to every element of a legal theory.” Weston v. Pennsylvania, 251 F.3d 420, 429 (3d Cir.2001) (citations omitted).

Moreover, dismissal of a claim is allowed only if it is clear that no relief could be granted under any set of facts that could be proved consistent with the allegations. Swierkiewicz, 534 U.S. at 514, 122 S.Ct. 992. Even if it may appear from the face of the complaint that recovery by the plaintiff is very remote, as long as the allegations satisfy Rule 8(a)(2), they survive a motion to dismiss for failure to state a claim under Fed.R.Civ.P. 12(b)(6). Swierkiewicz, 534 U.S. at 515, 122 S.Ct. 992. Rule 8(a)(2)’s simplified notice pleading standard relies upon liberal discovery to define disputed facts and issues, and summary judgment proceedings to dispose of unmeritorious claims. Id. at 512, 122 S.Ct. 992 (citing Conley v. Gibson, 355 U.S. 41, 47—48, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957)).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
400 F. Supp. 2d 681, 96 A.F.T.R.2d (RIA) 6706, 2005 U.S. Dist. LEXIS 25721, 2005 WL 3104145, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fellenz-v-lombard-investment-corp-njd-2005.