Case No. 08-57422, Adv. Pro. No. 08-5064.United States Bankruptcy Court, E.D. Michigan, Southern Division.
June 1, 2009
ORDER DENYING MOTION FOR RECONSIDERATION
THOMAS TUCKER, Bankruptcy Judge
This case comes before the Court on “Plaintiff’s Motion for Reconsideration of Order Denying Motion for Summary Judgment,” filed on May 29, 2009 (Docket # 36, the “Motion”), which this Court construes as a motion for reconsideration of the May 20, 2009 Order denying both Defendant’s and Plaintiff’s motions for summary judgment (Docket # 31), and
The Court having reviewed and considered the motion for reconsideration, and
The Court finds the Motion fails to demonstrate a palpable defect by which the Court and the parties have been misled, and that a different disposition of the case must result from a correction thereof. See Local Rule 9024-1(a)(3).
In addition, the Court notes the following. The summary judgment record does not establish, beyond a genuine issue of material fact, that Wayne County Sheriff Evans did not appoint Adrienne Sanders in a manner permitted by the relevant statutes. And there is no admissible evidence in the current record to support the assertion in the Motion that the specific
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written appointment referred to was “signed by someone on behalf of the Sheriff, . . .” rather than by the Sheriff himself.
NOW, THEREFORE,
IT IS ORDERED that the motion for reconsideration should be, and hereby is, DENIED.