Nelson v. Board of County Commissioners, No. 17-2199 (10th Cir. 2019)
Annotate this CaseDefendants ultimately filed two motions based on Federal Rule of Civil Procedure 59(e). The motions were decided by different judges. After the first judge denied the first motion, he retired and the court reassigned the case to another judge. Defendants then filed their second motion, reurging or elaborating on what they had argued in their prior motion. This time, the second judge granted the motion. The Tenth Circuit determined the motion as presented was an improper Rule 59(e) motion because it had simply rehashed arguments from the first motion. Because the motion was improper, the district court erred in granting it. The Court therefore reversed.
The court issued a subsequent related opinion or order on June 12, 2019.
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