PORTLAND PILOTS INC, et al. v. NOVA STAR M/V, et al.

Filing 307

ORDER ON INTERVENOR PLAINTIFFS MOTION FOR ADDITIONAL FINDINGS denying 295 Motion for additional findings. By JUDGE D. BROCK HORNBY. (jib)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
MAINE UNIFORM RENTAL, INC.
D/B/A PRATT ABBOTT UNIFORM &
LINEN,
INTERVENOR PLAINTIFF
V.
M/V NOVA STAR, in rem,
DEFENDANT

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CIVIL NO. 2:15-CV-442-DBH

ORDER ON INTERVENOR PLAINTIFF’S MOTION
FOR ADDITIONAL FINDINGS
The motion of intervening plaintiff Maine Uniform Rental, Inc. d/b/a Pratt
Abbott Uniform & Linen (“Pratt Abbott”) for additional findings under Fed. R. Civ.
P. 52(b) is DENIED.
Rule 52(b)’s “purpose is to permit the correction of any manifest errors of
law or fact that are discovered, upon reconsideration, by the trial court.” Nat’l
Metal Finishing Co. v. BarclaysAmerican/Commercial, Inc., 899 F.2d 119, 123
(1st Cir. 1990). Pratt Abbott’s proposed additional findings are not pertinent to
my findings of fact and conclusions of law arising out of the underlying bench
trial, and Pratt Abbott has not suggested how they are pertinent. See, e.g., Lyons
v. Jefferson Bank & Trust, 793 F. Supp. 989, 991 (D. Colo. 1992) (declining to
supplement findings that are not essential to disposition of the case). They are
also largely in dispute. (If any of them were material to the outcome, then I would
resolve the dispute.)
SO ORDERED.
DATED THIS 7TH DAY OF NOVEMBER, 2016
/s/D. Brock Hornby
D. BROCK HORNBY
UNITED STATES DISTRICT JUDGE