Park Meadows Reconsideration Case Study

In the case at hand, Park Meadows argues they have new evidence sufficient to justify reconsideration of the partial grant of summary judgment for Dillard’s. Park Meadows also contends that, in light of this new evidence, reconsideration is warranted to prevent manifest injustice. The evidence Park Meadows claims is new and justifies reconsideration is an email exchange in March – May of 2013 between Park Meadows and Dillard’s store manager and an accompanying affidavit done March 15, 2018 regarding the planter boxes outside of Dillard’s. Park Meadows contends that the email was not previously available until Jeff Koch provided it to counsel after the order on February 20, 2018. Park Meadows further contends that they were not aware of the

The email Park Meadows relies on states, “going forward, it is going to be [Park Meadows’] position that we will be maintaining sidewalks where obligated, but not the area between the sidewalks and your door unless it is spelled out in the lease.” (Ex. A at 5). From this statement park Meadows has concluded that since no subsequent change was made to the COREA, “Park Meadows and Dillard’s agreed that Park Meadows would not provide maintenance, including snow removal between Dillard’s entrance and the sidewalk.” (ECF No. 66 at 7-8). Dillard’s notes in response that the “new evidence” was readily available to Park Meadows prior to the summary judgment order and “just because Park Meadows ‘recently received’ this ‘new evidence,’ does not mean the evidence was unavailable.” (ECF No. 66 at 4). Dillard’s notes that the email exchange “does not impact the COREA obligations regarding snow removal, nor does it impact this Court’s prior analysis on Park Meadows’ snow removal obligations pursuant to the COREA.” (ECF No. 67 at 5). Dillard’s is correct that both the email exchange is not new evidence and was readily available to Park Meadows prior to the summary judgment order, and the email exchange does not change the obligations of Park Meadows under the