JOHN MICHAEL VAZQUEZ, District Judge.
This matter concerns a dispute over the use of a trademark in competing outdoor fencing businesses. D.E. 1. Currently pending before the Court is Plaintiff Anello Fence, LLC's motion for reconsideration, D.E. 170, of the Court's January 28, 2019 Opinion and Order, D.E. 155, 156, granting Defendant VCA's motions for summary judgment. Plaintiff filed the motion for reconsideration on April 14, 2019. D.E. 170. This motion for reconsideration was decided without oral argument pursuant to Federal Rule of Civil Procedure 78(b) and Local Civil Rule 78.1(b). The Court has considered the parties' submissions
The Court included an extensive factual background in its January 28, 2019 Opinion granting Defendant VCA's motions for summary judgment, D.E. 155, which the Court incorporates by reference here. On April 14, 2019, Plaintiff moved for reconsideration of the Court's finding that there was no genuine dispute of material fact that Plaintiff fraudulently procured his trademark and did not have priority use of the trademark. Pl.'s Br. at 3, 10.
In the District of New Jersey, motions for reconsideration can be made pursuant to Local Civil Rule 7.1(i). The rule provides that such motions must be made within fourteen days of the entry of an order. Substantively, a motion for reconsideration is viable when one of three scenarios is present: (1) an intervening change in the controlling law, (2) the availability of new evidence not previously available, or (3) the need to correct a clear error of law or prevent manifest injustice. Carmichael v. Everson, No. 03-4787, 2004 WL 1587894, at *1 (D.N.J. May 21, 2004) (citations omitted). Granting a motion for reconsideration is an "extraordinary remedy," to be granted "sparingly." NL Indus., Inc. v. Commercial Union Ins. Co., 935 F.Supp. 513, 516 (D.N.J. 1996) (citations omitted).
A motion for reconsideration, however, does not entitle a party to a second bite at the apple. Therefore, a motion for reconsideration is inappropriate when a party merely disagrees with a court's ruling or when a party simply wishes to re-argue its original motion. Sch. Specialty, Inc. v. Ferrentino, No. 14-4507, 2015 WL 4602995, *2-3 (D.N.J. July 30, 2015); see also Florham Park Chevron, Inc. v. Chevron U.S.A., 680 F.Supp. 159, 162 (D.N.J. 1988). Moreover, a motion for reconsideration is not an opportunity to raise matters that could have been raised before the original decision was reached. Bowers v. NCAA, 130 F.Supp.2d 610, 613 (D.N.J. 2001).
Plaintiff's motion for reconsideration suffers from a number of infirmities. At the outset, Plaintiff seeks relief under the wrong rule. Plaintiff's motion for reconsideration is premised on Federal Rule of Civil Procedure 60(b). Pl.'s Br. at 2. However, Rule 60(b) "applies only to `final' judgments and orders." Penn W. Associates, Inc. v. Cohen, 371 F.3d 118, 125 (3d Cir. 2004) (quoting Torres v. Chater, 125 F.3d 166, 168 (3d Cir. 1997)). Importantly, "there is no final order if claims remain unresolved and their resolution is to occur in the district court." Id. (quoting Aluminum Co. of Amer. v. Beazer East, Inc., 124 F.3d 551, 557 (3d Cir.1997)). Because claims remain unresolved in the present case, there is no final order pursuant to Rule 60(b), and therefore, Plaintiff may not seek relief under Rule 60(b).
However, even if the Court were to treat Plaintiff's motion as one made pursuant to Local Civil Rule 7.1(i), it is grossly out of time.
Finally, Plaintiff's motion also fails on the merits. As noted, there are three narrow grounds on which a motion for reconsideration may be granted. Plaintiff submits the following in support of his motion: (1) "newly discovered" evidence pertaining to Defendant VCA's first use of the name Anello
For the reasons stated above, and for good cause shown,