Brown v. Lexington-Fayette Urban County Government Department of Public Works et al, No. 5:2008cv00500 - Document 125 (E.D. Ky. 2012)
Court Description: MEMORANDUM OPINION & ORDER: It is ordered that 124 MOTION to Alter Judgment is DENIED. Signed by Judge Joseph M. Hood on 12/6/2012.(SCD)cc: COR
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UNITED STATES DISTRICT COURT EASTERN DIVISION OF KENTUCKY CENTRAL DIVISION at LEXINGTON PAULA B. BROWN, ) ) ) ) ) ) ) ) ) ) ) Plaintiff, v. LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT, et. al., Defendants. Civil Case No. 5:08-cv-500-JMH MEMORANDUM OPINION & ORDER *** This matter is before the Court on Plaintiff s motion to alter or amend the Judgment (D.E. 123) and Memorandum Opinion and Order (D.E. 122) granting summary judgment to Defendants. Plaintiff filed this motion under Fed. R. Civ. P. 52(b), but because this action was dismissed at the summary judgment stage, and a trial was not held, the motion is properly considered under Rule 59(e). A motion under Rule 59(e) is not an opportunity to re-argue a Indians v. case. Sault Engler, 146 Ste. F.3d Marie 367, 374 Tribe (6th of Chippewa Cir. 1998) (citing FDIC v. World Univ. Inc., 978 F.2d 10, 16 (1st Cir. 1992)). if Instead, a Rule 59(e) motion may only be granted there is a clear error of law, newly discovered evidence, an intervening change in controlling law, or to prevent manifest injustice. GenCorp, Inc. v. American Intern. Underwriters, 178 F.3d 804, 834 (6th Cir. 1999). The Court has reviewed Plaintiff and her counsel. the materials presented by Plaintiff fails to satisfy any of the above grounds, and, instead, merely repeats evidence that this Court previously considered Defendants Motion for Summary Judgment. when it granted (D.E. 111). Accordingly, IT IS ORDERED that Plaintiff s Motion to Amend, Alter or Vacate (D.E. 124) be, and the same hereby is, DENIED. This the 6th day of December, 2012. 2
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