Judge Shira Scheindlin
The court’s Dec. 11, 2013, order granted Regent Baby Products Corp. partial summary judgment on Luv N’ Care’s (LNC) federal trade dress infringement claim concerning its flip-top cap and hard spout cup and cap combination, as well as on LNC’s state law claim for tortious interference with prospective business relations. The court denied LNC’s motion—brought under Federal Rule of Civil Procedure 60(b)—for reconsideration on the federal trade dress infringement claims. Because the court’s Dec. 11, 2013, decision did not fully adjudicate the parties’ claims, it was not final for Rule 60(b) purposes. Thus LNC must proceed under Local Rule 6.3, which requires that reconsideration motions within 14 days of the initial determination. LNC’s Dec. 26, 2013, reconsideration motion was untimely as having been brought 15 days after the court’s order, absent a request for an extension of the deadline. Further, LNC presented no evidence or argument justifying reconsideration. LNC’s motion sought the court’s consideration of additional products that it was free to submit—but did not—during briefing on Regent’s motion. Also, LNC could not use its reconsideration motion to raise new arguments for the first time.
