Neptune v. Indian Harbor Insurance Company et al, No. 4:2021cv01357 - Document 31 (S.D. Tex. 2022)

Court Description: MEMORANDUM OPINION AND ORDER - For the reasons explained, Plaintiff's 29 MOTION for Reconsideration/to Alteror Amend the Court's Judgment and Incorporated Memorandum of Law is DENIED. (Signed by Judge Sim Lake) Parties notified.(sanderson, 4)

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Neptune v. Indian Harbor Insurance Company et al Doc. 31 Case 4:21-cv-01357 Document 31 Filed on 10/20/22 in TXSD Page 1 of 2 United States District Court Southern District of Texas IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION MARIA FRANCIA NEPTUNE, Plainti v. JOHN DOE and INDIAN HARBOR INSURANCE COMPANY, Defendants. § § § § § § § § § § ENTERED October 20, 2022 Nathan Ochsner, Clerk CIVIL ACTION NO. H-21-1357 MEMORANDUM OPINION AND ORDER Pending before the court is Plaintiff's Motion to Alter or Amend the Court's Judgment and Incorporated Memorandum of Law ("Plaintiff's Motion for Reconsideration") (Docket Entry No. 29). For reasons stated below, Plaintiff's Motion for Reconsideration will be denied. "A Rule 59(e) motion 'calls into question the correctness of a judgment.'" Cir. 2004). Templet v. HydroChem Inc., 367 F.3d 473, 478 (5th The rule "serves the narrow purpose of allowing a party to correct manifest errors of law or fact or to present newly discovered evidence." Id. at 479 (quotations omitted). not allow a party to "rehash[] evidence, l It does l theories, or arguments that could have been offered or raised before the entry of judgment." (5th C Trevino v. City of Fort Worth, 944 F.3d 567, 570 . 2019) (per curiam) {internal quotations omitted). The court has reviewed the parties' briefing and its Dockets.Justia.com Case 4:21-cv-01357 Document 31 Filed on 10/20/22 in TXSD Page 2 of 2 Memorandum Opinion & Order granting summary judgment. identi no manifest errors of law or evidence that justify a Judgment. ct or newly discovered ering or vacating the court's Final Plaintiff instead rehashes arguments already addressed by the court. evidence Plaintiff that Critically, Plaintiff still has not identified any Doe's vehicle hit Plaintiff or her vehicle. Plaintiff's Motion for Reconsideration will therefore be denied. Conclusion and Order For the reasons explained above, Plainti 's Motion to Alter or Amend the Court's Judgment and Incorporated Memorandum of Law (Docket Entry No. 29) is DENIED. SIGNED at Houston, Texas, on this 20th day of October, 2022. SIM LAKE SENIOR UNITED STATES DISTRICT JUDGE -2-

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