Gerding v. American Kennel Club

Background

Alexander Gerding, proceeding without a lawyer, moved for reconsideration of two earlier orders. The first granted the defendants’ motions to dismiss his Second Amended Complaint. The second granted DLM Capital, LLC’s request to change its name. Gerding argued that the court had erred by treating his motion to compel arbitration as moot and by denying him permission to amend his complaint.

The dismissed claims included allegations involving consumer and business fraud, constitutional violations, monopolization under the Sherman Antitrust Act, hidden commission taking, Animal Welfare Act violations, falsification of business records and show results, violations related to the American Kennel Club’s tax-exempt status, retaliation, libel, defamation, breach of contract, and discrimination involving employment or self-employment opportunities and his professional career.

Court’s Analysis

The court explained that reconsideration is an extraordinary remedy. It may be granted when there is a change in controlling law, newly available evidence, or a need to correct a clear legal error or prevent serious unfairness. A party generally may not use reconsideration simply to repeat arguments already made or obtain another hearing on issues the court already decided.

The court concluded that Gerding had not shown facts or law sufficient to overturn the earlier ruling. It stated that the Second Amended Complaint did not include enough factual matter to plausibly support the asserted claims. The court also rejected Gerding’s challenges concerning the arbitration motion and his request to amend, noting that the complaint had been dismissed with prejudice and that amendment would have been futile because he had not alleged sufficient facts for viable claims.

The court separately rejected Gerding’s challenge to DLM Capital’s name change. It found that challenge untimely and without merit, and stated that Gerding had not shown that the name change affected his Second Amended Complaint.

Ruling

Judge Andrew L. Carter, Jr. denied Gerding’s motion for reconsideration in full. The Clerk of Court was directed to terminate the motion, identified as ECF No. 97.