Mahone v. Eden, 1:15-cv-01009-PJK-KBM. (2019)
Court: District Court, D. New Mexico
Number: infdco20190820e91
Visitors: 20
Filed: Aug. 19, 2019
Latest Update: Aug. 19, 2019
Summary: ORDER DENYING MOTION TO ALTER OR AMEND JUDGMENT PAUL KELLY, JR. , Circuit Judge . THIS MATTER came on for consideration of Plaintiff's Motion to Alter or Amend Judgment filed August 12, 2019. ECF No. 211. Defendant Fletcher has responded and the court finds that a reply is unnecessary because the motion simply does not question the underlying correctness of the judgment, an essential prerequisite of a Rule 59(e) motion. See Hayes Family Trust v. State Farm Fire & Casualty Co. , 845 F.3d
Summary: ORDER DENYING MOTION TO ALTER OR AMEND JUDGMENT PAUL KELLY, JR. , Circuit Judge . THIS MATTER came on for consideration of Plaintiff's Motion to Alter or Amend Judgment filed August 12, 2019. ECF No. 211. Defendant Fletcher has responded and the court finds that a reply is unnecessary because the motion simply does not question the underlying correctness of the judgment, an essential prerequisite of a Rule 59(e) motion. See Hayes Family Trust v. State Farm Fire & Casualty Co. , 845 F.3d 9..
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ORDER DENYING MOTION TO ALTER OR AMEND JUDGMENT
PAUL KELLY, JR., Circuit Judge.
THIS MATTER came on for consideration of Plaintiff's Motion to Alter or Amend Judgment filed August 12, 2019. ECF No. 211. Defendant Fletcher has responded and the court finds that a reply is unnecessary because the motion simply does not question the underlying correctness of the judgment, an essential prerequisite of a Rule 59(e) motion. See Hayes Family Trust v. State Farm Fire & Casualty Co., 845 F.3d 997, 1005 (10th Cir. 2017); Servants of the Paraclete v. Does, 204 F.3d 1005, 1012 (10th Cir. 2000). Given that all claims have been resolved, Rule 54(b) which allows the court to enter a final judgment as to one or more claims or parties (but not all) given an express finding that "there is no just reason for delay" is inapposite. The court entered a final judgment on a separate document in accordance Rule 58 — that should be sufficient notwithstanding that the parties may have different ideas about the collectability of the judgment or the advisability of an appeal.
NOW, THEREFORE, IT IS ORDERED that Plaintiff's Motion to Alter or Amend Judgment filed August 12, 2019, is denied.
Source: Leagle
