motion for reconsideration may not be employed as a vehicle to introduce new evidence that could have been produced prior to the entry of judgment. Publishers Resource, 762 F.2d at 561. "Nor should a motion for reconsideration serve as the occasion to tender new legal theories for the first time." Id.
The gravamen of Rotax's present motion can be summarized as follows. Rotax contends that its general appearance in state court was filed by mistake. As such, citing Hahn v. Wiggins, 23 Ill. App. 2d 391, 163 N.E.2d 562 (1st Dist. 1960), Rotax maintains that the Illinois courts would allow it to withdraw the general appearance and substitute in its place a special appearance, thereby enabling it to contest personal jurisdiction. As it happened, however, Rotax was never afforded this opportunity in state court because by the time it discovered its mistake, the case had already been removed to this court.
Assuming that the Illinois courts would have allowed Rotax to withdraw its general appearance, Rotax nonetheless is not entitled to the relief it presently seeks. Admittedly, Rotax knew about the mistake prior to its motion to dismiss filed in this court. Indeed, in both its memorandum in support of the motion to dismiss and its reply brief, Rotax opted to ignore the presently advanced argument, acting under the erroneous assumption that the Federal Rules of Civil Procedure afforded it a means to contest personal jurisdiction. This omission was Rotax's second mistake. Recognizing the lapse, Rotax appeals to the court not to punish it for its attorneys' errors. However, to the extent that capital defendants are bound by the mistakes of their attorneys, see Coleman v. Thompson, 111 S. Ct. 2546, 2566-68, 115 L. Ed. 2d 640 (1991) ("Attorney ignorance or inadvertence is not 'cause' because the attorney is the petitioner's agent when acting, or failing to act, in furtherance of the litigation, and the petitioner must 'bear the risk of attorney error.'"), we see no inequity in holding Rotax to the same standard. Accordingly, Rotax's motion for reconsideration is denied. It is so ordered.
MARVIN E. ASPEN
United States District Judge
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