ISHII et al v. MARION COUNTY SUPERIOR COURT NO. 13 et al

Filing 65

ENTRY REGARDING MOTION TO ALTER JUDGMENT: Because the Plaintiffs assert no argument in the instant motion that was not or could not have been advanced in their objection to the Defendants' bill of costs, Rule 59 relief is not available to the Plaintiffs. Accordingly, the motion to alter judgment is DENIED 64 Motion to Amend/Correct ***SEE ENTRY***. Signed by Judge William T. Lawrence on 9/30/2010. (DWH)

ISHII et al v. MARION COUNTY SUPERIOR COURT NO. 13 et al

Doc. 65

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION TOSHIANO ISHII, et al., ) ) Plaintiffs, ) ) vs. ) CAUSE NO. 1:09-cv-1509-WTL-DML ) MARION COUNTY SUPERIOR COURT NO. ) 13, et al., ) ) Defendants. ) ENTRY REGARDING MOTION TO ALTER JUDGMENT Pending before the Court is the Plaintiffs' Motion to Alter Judgment brought pursuant to Federal Rule of Civil Procedure 59(e). In their motion, the Plaintiffs assert that the Court improperly awarded the Defendants costs in the amount of $350.00 after remanding this case to the Marion County Superior Court. The Court entered its order awarding costs after considering
the Plaintiffs' written objection to the Defendants' bill of costs. Rule 59(e) "does not provide a vehicle for a party to undo its own procedural failures, and it certainly does not allow a party to introduce new evidence or advance arguments that could and should have been presented to the district court prior to the judgment," U.S. v. Resnick, 594 F.3d 562, 568 (7th Cir. 2010) (citation
omitted). Because the Plaintiffs assert no argument in the instant motion that was not or could not have been advanced in their objection to the Defendants' bill of costs, Rule 59 relief is not available to the Plaintiffs. Accordingly, the motion to alter judgment is DENIED.

SO ORDERED: 09/30/2010
_______________________________ Hon. William T. Lawrence, Judge United States District Court Southern District of Indiana

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