US Ex Rel. Holder v. Special Devices, Inc.

ORDER RE MOTION FOR RECONSIDERATION AND MOTION TO CONTINUE TRIAL DATE

Defendant Special Devices, Inc. (“SDI” or “Defendant”) moves for reconsideration of this Court’s Opinion and Order of October 6, 2003, denying SDI’s Motion for Summary Judgment. SDI presents no new argument, facts or law. Instead, Defendant contends that this Court failed to consider material facts. (Motion for Reconsideration P. & A., p. 3; quoting Local Rule 7-18). The Court considered and rejected the facts and argument presented by SDI in the instant motion when it denied SDI’s Motion for Summary Judgment. Accordingly, the Motion for Reconsideration is not in compliance with Local Rule 7-18. Nevertheless, the Court would like to take this opportunity to revise and clarify its earlier opinion. Pursuant to Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7-15, the Court finds that this matter is appropriate for decision without oral argument.

SDI argues that, in its earlier Order and Opinion, the Court failed to heed salient material facts in the record and that the Court’s analysis is logically inconsistent. (See id. at p. 2). The gist of SDI’s argument is that this Court recognized United…