The opinion
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
JOSEPH LEE JONES,
Plaintiff,
vs. Case No. 20-3072-SAC
GOOGLE LLC, INC.,
Defendant.
O R D E R
This case was dismissed on April 14, 2020. Since that time
plaintiff has filed motions to alter or amend or filed pleadings
which were treated as a motion to alter or amend the judgment.
See Doc. Nos. 48, 49, 52, 57. The court has denied these efforts.
The court has also: rejected an effort to amend the complaint
that was filed after this case was closed (Doc. No. 47); denied a
motion for sanctions (Doc. No. 58); denied a motion for default
judgment (Doc. No. 42); and denied a motion for temporary
restraining order (Doc. No. 42).
This case is now before the court upon four pleadings from
plaintiff. These are: a motion to reopen the case (Doc. No. 59);
a supplement in support of a temporary restraining order (Doc. No.
60); and what appear to be identical pleadings intended as a
supplement to or a renewed motion to reopen the case or for
sanctions and default judgment (Doc. Nos. 61 and 62).
The relief requested in these pleadings motions shall be
denied. It is well-established that a party may not ask for
reconsideration by rehashing arguments previously considered or
presenting new facts or theories which could have been raised
earlier. Servants of Paraclete v. Does, 204 F.3d 1005, 1012 (10th
Cir. 2000); Howard v. Farmers Ins. Co., Inc., 2020 WL 1935026 *2
(D.Kan. 4/22/2020); Achey v. Linn County Bank, 174 F.R.D. 489, 490
(D.Kan. 1997); Voelkel v. Gen. Motors Corp., 846 F.Supp. 1482,
1483 (D.Kan. 1994). These pleadings seek reopening or
reconsideration of the dismissal of this case, or reconsideration
of the denial of motions. Plaintiff, however, repeats past
arguments or presents new material which could have been presented
previously. Plaintiff fails to show good cause for reconsideration
or for entering a judgment for damages or sanctions in a case which
has been dismissed in favor of defendant.
In conclusion, plaintiff shall be denied the relief requested
in Doc. Nos. 59, 60, 61 and 62.
IT IS SO ORDERED.
Dated this 1st day of May 2020, at Topeka, Kansas.
s/Sam A. Crow_____________
U.S. District Senior Judge