GRAND ENCAMPMENT OF KNIGHTS TEMPLAR OF UNITED STATES OF AMERICA v. CONFERENCE OF GRAND MASTERS OF MASONS IN NORTH AMERICA, INC.
Grand Encampment of Knights Templar of the United States of America, et al.
v.
Conference of Grand Masters of Masons in North America, Inc., et al.
Civil No. 11-cv-463-JD.
United States District Court, D. New Hampshire.
March 6, 2012.
Grand Encampment of Knights Templar of the United States of America, Plaintiff, represented by Michael D. Ramsdell, Orr & Reno PA.
Grand Commandery of Knights Templar of New Hampshire, Plaintiff, represented by Michael D. Ramsdell, Orr & Reno PA.
ORDERJOSEPH A. DiCLERICO, Jr., District Judge.
The Grand Encampment of Knights Templar of the United States of America ("Grand Encampment") and the Grand Commandery of Knights Templar of New Hampshire brought suit against the Conference of Grand Masters of Masons in North America, Inc. ("Conference") and seven individuals associated with the Conference, alleging intentional interference with contractual relations, intentional and negligent misrepresentation, and a civil conspiracy. The defendants then filed motions to dismiss for lack of personal jurisdiction, which were granted.1 The plaintiffs move for reconsideration. Standard of ReviewA motion for reconsideration is appropriate only in limited circumstances. United States v. Allen, 573 F.3d 42, 53 (1st Cir. 2009). Reconsideration may be granted "where the movant shows a manifest error of law or newly discovered evidence, or where the district court has misunderstood a party or made an error of apprehension." Villanueva v. United States, 662 F.3d 124, 128 (1st Cir. 2011). Motions for reconsideration cannot be used to address arguments the plaintiff already made or to raise new arguments that could have been raised before the court's initial ruling. Feliciano-Hernandez v. Pereira-Castillo, 663 F.3d 527, 537 (1st Cir. 2011). The Knights Templar is a Masonic fraternal organization. The Grand Encampment is the national level of the organization, with an address in Texas. The Knights Templar operates nationally and on state and local levels. The state organizations are Grand Commanderies; local branches are Commanderies; and individual members are known as Sir Knights.
1. The plaintiffs' motion to amend to add Donald H. Yankey as a defendant was granted, but the plaintiffs failed to complete service within the time allowed. Therefore, Yankey is not a defendant in this case.
2. The background information is taken from the court's order granting the motions to dismiss.
3. The plaintiffs do not raise their civil conspiracy claim for purposes of the motion to reconsider.
4. In denying the plaintiffs' motion for jurisdictional discovery, the court noted that the plaintiffs had failed to address their particular causes of action to show a colorable case for specific personal jurisdiction.
5. Because the plaintiffs are represented by counsel, they are not entitled to any special consideration that might be afforded pro se parties. The court cannot be expected either to divine or provide legal theories on behalf of any party represented by counsel.
6. Miller, Owen, and Bousquet also contend that the plaintiffs' arguments in support of personal jurisdiction based on their misrepresentation claims are the same as the prior arguments based on their intentional interference claims and are not an appropriate basis for reconsideration. Although the plaintiffs rely on the same factual grounds, the theory is now focused on the misrepresentation claims.
7. The First Circuit has limited the holding in Murphy. See Platten, 437 F.3d at 138 n.13.