McNEILUS FINANCIAL, INC. v. DININNI, (D.Minn. 2002)

Citation Codes

Equivalent Citations

citation codes

Docket Number

Civil No. 02-4245 (DWF/SRN)

Motions

Motion for reconsideration : Granted

Attorney(S)

Gerald S. Duffy, Esq., Brenna E. Nelson, Esq., and William C. Penwell, Esq., Siegel, Brill, Geupner, Duffy Foster, Minneapolis, Minnesota, and William H. Ise, Esq., Ise Law Office, Dodge Center, Minnesota, on behalf of Plaintiffs. Alan M. Anderson, Esq., Sharna A. Wahlgren, Esq., and Hetal Dalal, Esq., Fulbright Jaworski, L.L.P., Minneapolis, Minnesota, and Lawrence I. Kipperman, Esq., and Nigel F. Telman, Esq., Sidley, Austin, Brown Wood, Bank, Chicago, Illinois, on behalf of Defendants.

Judges

Dennis Francis Donovan
Donovan W. Frank

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McNeilus Financial, Inc., a Texas corporation d/b/a McNeilus Truck and Manufacturing, and McNeilus Companies, Inc., a Minnesota corporation, Plaintiffs, v. Robert C. Dininni, The Heil Co., a Delaware corporation, and Patrick McCloskey, Defendants.

ORDER

DONOVAN W. FRANK, United States District Judge

The above-entitled matter is before the undersigned United States District Judge pursuant to Defendants' request to file a motion for reconsideration of the Court's Orders of November 21, 2002, and November 26, 2002. Pursuant to these Orders, the Court granted a temporary restraining order against Defendants.

Pursuant to Local Rule 7.1(g), a request for leave to file a motion for reconsideration will only be granted upon a showing of "compelling circumstances." Here, Defendants assert that compelling circumstances exist to warrant reconsideration of those portions of the Court's Orders that precluded Defendant Dininni from working in all areas of New York state. Defendants contend that such Orders were inappropriate in their geographic scope. The Court finds that compelling circumstances do not exist to warrant reconsideration of the geographic scope of these two Orders.

Based upon the submissions of the parties, the record before the Court, and the procedural history of this litigation, the Court hereby enters the following:

ORDER

1. Defendants' Motion for Leave to File a Motion for Reconsideration is DENIED.

McNeilus Financial, Inc., a Texas corporation d/b/a McNeilus Truck and Manufacturing, and McNeilus Companies, Inc., a Minnesota corporation, Plaintiffs, v. Robert C. Dininni, The Heil Co., a Delaware corporation, and Patrick McCloskey, Defendants.

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