MARCO A. HERNANDEZ, District Judge.
Both plaintiffs and defendants move for reconsideration of this Court's October 14, 2011 order, in which I issued rulings on the parties' dispositive motions. I deny both motions.
Rulings on both parties' motions for summary judgment issued on October 14th. Oct. 14, 2011 Opinion & Order ("10/14/11 Order") (Dkt. #107). On October 21st, plaintiffs filed a motion for reconsideration of its dismissed breach of contract claim. Pls.' Memo. in Supp. of Mot. for Recons. ("FTB Mot. for Recons.") (Dkt. #115). The breach of contract claim is based on the allegation that defendants agreed to purchase Field Turf Builders for $2,150,000. Compl. ¶ 58. This claim was pled as an alternative to claims three, four, five, and six.
On November 16th, defendants also filed a motion for reconsideration of the same October 14th order. Defendants assert that plaintiffs' claim three for fraud/misrepresentation should have been dismissed. Def.'s Memo. in Supp. of Mot. for Recons. ("FTUSA Mot. for Recons.") (Dkt. #122). Plaintiffs' fraud claim involve allegations that defendants misrepresented their intention to purchase Field Turf Builders. Compl. ¶¶ 31-34.
A party may seek reconsideration of a ruling on a summary judgment motion under either Fed. R. Civ. P. 59(e) or Fed. R. Civ. P. 60(b). The district court generally applies the same analysis under both rules, and its decision is reviewed for abuse of discretion.
Rule 60(b) allows a court to correct a final judgment where the judgment was based on mistake, inadvertence, surprise, or excusable neglect. Fed. R. Civ. P. 60(b)(1). However, the parties are limited to the arguments previously made and addressed by the court. A motion for reconsideration "should not merely present arguments previously raised, or which could have been raised in the initial . . . motion."
Plaintiffs argue that its breach of contract claim should not have been dismissed. In the October 14th order, I ruled that a contract existed, but that defendants were not obligated to perform because approval by the board of directors, a condition precedent, never occurred. 10/14/11 Order, 16. Plaintiffs believe that this ruling was an error of law because defendants did not present evidence that they sought board approval. FTB Mot. to Recons., 2-3. Defendants counter that board of approval was just one condition precedent, and that several due diligence items needed to be completed. Defs.' Opp. to FTB Mot. to Recons. ("FTUSA Opp."), 4. Completing the due diligence items occurred in preparation for board approval. Def.'s Memo. in Supp. of Mot. for Summ. J., 37 ("FTUSA worked diligently to finalize the potential deal. Mr. Fields gathered information regarding [FTB] in order to meet with his boss . . . and eventually the Tarkett Group board of directors.") (emphasis added). In defendants' summary judgment briefs, there is ample evidence that defendants sought to complete due diligence so that board approval could be obtained.
In defendants' motion for reconsideration, they argue that plaintiffs' fraud/misrepresentation claim should have been dismissed. FTUSA's Mot. for Recons., 2. Defendants argue that (1) the fraud claim is based on a nonmaterial element of the contract, (2) the alleged misrepresentation was not directed to plaintiffs, and (3) plaintiffs did not present evidence of reliance on the statement.
Based on the foregoing, I deny plaintiffs' motion for reconsideration [#115] and defendants' motion for reconsideration [#122].
IT IS SO ORDERED.