DISTRICT COURT OF THE VIRGIN ISLANDS
DIVISION OF ST. CROIX
5
ANITA ROBERTS,
5
5
Plaintiff,
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1:08-cv-90
v.
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KMART CORPORATION,
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Defendant.
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____________________________________5
TO:
Eugenio Geigel-Simounet, Esq.
Lee J. Rohn, Esq.
ORDER DENYING DEFENDANT’S MOTION FOR RECONSIDERATION
THIS MATTER is before the Court upon Defendant’s Motion For Reconsideration
(Docket No. 61).  Plaintiff filed an opposition thereto, and the time for Defendant to file a
reply has expired.
Local Rule 7.3, which governs motions for reconsideration, provides that “a motion
to reconsider shall be based on: (1) intervening change in controlling law; (2) availability
of new evidence, or; (3) the need to correct clear error or prevent manifest injustice.”  LRCi
7.3.  Here, Defendant does not point to a change in controlling law or the availability of
new evidence to support its Motion for Reconsideration.
Case: 1:08-cv-00090-DWA-GWC   Document #: 69   Filed: 06/29/10   Page 1 of 2
Roberts v. Kmart Corp.
1:08-cv-90
Order Denying Defendant’s Motion For Reconsideration
Page 2
In its Motion for Reconsideration, Defendant merely restates the position it took in
its opposition to the original motion for sanctions.  In both its opposition and its motion for
reconsideration, Defendant claims it already has supplemented its responses to the
interrogatories and that Defendant has been working on supplementation of documents. 
As this Court has stated previously, “[d]issatisfaction with the Court’s ruling is not a
proper basis for reconsideration.”  Berrios v. Hovic, 2005-cv-0192, 2008 U.S. Dist. LEXIS
68163 (D.V.I. 2008) (citation omitted).  See also Bluebeard’s Castle, Inc. v. Delmar Marketing,
Inc., 32 V.I. 278, 279 (D.V.I. 1995) (“Since plaintiff’s arguments merely rehash those
proffered in its opposition to defendant’s original motion. . . the Court will deny the
plaintiff’s motion to reconsider.”).
Based upon the foregoing, it is hereby ORDERED that Defendant’s Motion for
Reconsideration (Docket No. 61) is DENIED.
ENTER:
Dated: June 29, 2010
/s/ George W. Cannon, Jr.                           
GEORGE W. CANNON, JR.
U.S. MAGISTRATE JUDGE
Case: 1:08-cv-00090-DWA-GWC   Document #: 69   Filed: 06/29/10   Page 2 of 2