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John P. Sutton v. Williamsburg Winery

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


May 7, 2013

JOHN P. SUTTON,
PLAINTIFF,
v.
WILLIAMSBURG WINERY, LTD,
DEFENDANT.

The opinion of the court was delivered by: Garland E. Burrell, Jr. Senior United States District Judge

ORDER DENYING PLAINTIFF'S MOTIONS

Plaintiff seeks reconsideration of an order filed on October 16, 2012, that denied Plaintiff's motions for summary judgment and a preliminary injunction, each of which was based on Defendant's alleged violations of Plaintiff's trademark. (Pl.'s Mot. for Reconsideration of Mot. for Summ. Judg. of Liab., ECF No. 27; Pl.'s Mot. for Reconsideration of Mot. for Injunction Prohibiting Use of Adagio for Wine, ECF No. 29; see Order, ECF No. 26.) Defendant opposes the reconsideration motions.

Plaintiff's reconsideration motions are based on arguments Plaintiff neglected to make in his motions for summary judgment and a preliminary injunction, which were denied. However, "[a] motion for reconsideration 'may not be used to raise arguments or present evidence for the first time when they could reasonably have been raised earlier in the litigation.'" Marlyn Nutraceuticals, Inc. v. Mucos Pharma GmbH & Co., 571 F.3d 873, 880 (9th Cir. 2009) (quoting Kona Enters., Inc. v. Estate of Bishop, 229 F.3d 877, 890 (9th Cir. 2000)).

Therefore, Plaintiff's motions for reconsideration are DENIED.

20130507

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