I/P Engine, Inc. v. AOL, Inc. et al

Filing 884

ORDER denying 835 Plaintiff's Motion for Judgment under Rule 52(b) and a New Trial under Rule 59 on Laches. Signed by District Judge Raymond A. Jackson and filed on 1/31/13. (mwin, )

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FILED IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Norfolk Division I/P ENGINE, INC., JAN 3 1 2013 CLERK, US DISTRICT COURT NORFOLK, VA Plaintiff, V. CIVIL ACTION NO. 2:llcv512 AOL INC.,*?/a/., Defendants. ORDER Before the Court is Plaintiffs Motion for Judgment under Rule 52(b) and a New Trial under Rule 59 on Laches (ECF No. 835). Rule 52(b) dictates that "[o]n a party's motion filed no later than 28 days after the entry ofjudgment, the court may amend its findings—or make additional findings-and may amend the judgment accordingly. The motion may accompany a motion for a new trial under Rule 59." As courts have noted, "[a]mong the purposes of such a motion is to correct manifest errors of law or fact." Morrow Corp. v. Harleysville Mut. Ins. Co., 110 F. Supp. 2d 441,445 (E.D. Va. 2000). Furthermore, "[t]he purpose of Rule 52(b) is to allow a court to correct manifest errors of law or fact, or in limited circumstances, to present newly discovered evidence, but not to relitigate old issues, to advance new theories, or to secure a rehearing on the merits." U.S. v. Mathis, No. 6:06-815, 2008 WL 906554, *1 (D.S.C., 2008). Having reviewed the briefing by the parties, the Court finds no manifest errors of law or fact to correct which would change its finding on laches. As a result, Plaintiffs Motion for Judgment under Rule 52(b) and a New Trial under Rule 59 on Laches (ECF No. 835) is DENIED. The Clerk is DIRECTED to send a copy of this Order to counsel and parties of record. IT IS SO ORDERED. Norfolk, Virginia January 21, 2013 f y ^7ST ___ Raymond A. Jackson United States District Judge