State Farm Fire & Casualty Insurance Co. v. Laborers Eastern Organization Fund, et al.

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IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY State Farm Fire & Casualty Insurance Company (a/s/o Cruz Hernandez), Plaintiff, v. Laborers Eastern Organization Fund and John Blyden, 1 Defendants. ) ) ) ) ) ) ) ) ) ) ) ) C.A. No. 07C-12-156-JRJ ORDER AND NOW TO WIT, this 22nd day of June, 2009, the Court having heard and duly considered Defendants Motion for Reconsideration and Clarification of the Court s January 13, 2009 Opinion denying Defendants Motion to Vacate Default Judgment, IT IS HEREBY ORDERED THAT Defendants Motion is DENIED. The Court has not overlooked a legal principle or misapprehended the law or facts such as would affect the outcome of the decision. 2 Furthermore, a motion for reargument submitted to the Court pursuant to Superior Court Civil 1 Defense counsel has repeatedly misspelled John Blyden s last name in its submissions and correspondence with the Court. State Farm has not sought clarification on the matter. The Court, upon its own initiative, contacted defense counsel to ascertain the correct spelling. The Court has corrected the caption. 2 Anderson v. Airco, Inc., 2004 WL 1874688, at *1 (Del. Super. Aug. 13, 2004) (Ridgely, J.) (citing Gass v. Truax, 2002 WL 1426537 (Del. Super. June 28, 2002)). 1 Rule 59(e) is not a device for raising new arguments or stringing out the length of time for making an argument. 3 IT IS SO ORDERED. Jan R. Jurden, Judge c.c. Prothonotary Original Amanda L.H. Brinton, Esquire Sandra F. Clark, Esquire 3 Hennegan v. Cardiology Consultants, 2008 WL 4152678, at *1 (Del. Super. Sept. 9, 2008); Beatty v. Smedley, 2003 WL 23353491, at *2 (Del. Super. March 12, 2003). 2

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