Whitefoot et al v. Sheriff of Clay County et al

Filing 185

ORDER denying 180 Motion to Alter Judgment. Signed by District Judge Sharion Aycock on 6/1/2018. (dbm)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
ABERDEEN DIVISION
DAVID J. WHITEFOOT, and
ELENA R. WHITEFOOT

PLAINTIFFS

V.

CAUSE NO. 1:14-CV-113-SA-DAS

SHERIFF OF CLAY COUNTY, et al.

DEFENDANTS
ORDER

On September 18, 2017 this Court entered an Order [172] dismissing this case with prejudice
as a sanction for the Plaintiffs’ failure to appear for trial and failure to appear at the Final Pre-trial
Conference. Now before the Court is the Plaintiffs’ Motion Alter or Amend [180] pursuant to Federal
Rule of Civil Procedure 59(e). The Plaintiffs now request that this Court modify its previous order
denying the Plaintiffs previous request for a separate order. See Motion [174], Order denying [176].
The Plaintiffs’ instant request to alter or amend comes nearly six months after the Court finally
dismissed this case, and as such, is far outside the twenty-eight day limit prescribed by Rule 59(e).
As the Court set out in detail in its previous orders, the Court’s signed docket entry [172] and the
attendant Order [172] fully comply with the requirements of the separate order rule as set out in
Federal Rule of Civil Procedure 58. In addition, the Plaintiffs numerous filings, and the
representations within, demonstrate that the Plaintiffs were fully and timely aware of the final
dismissal of this case. The instant motion is merely the Plaintiffs’ latest attempt to manipulate the
procedural rules to prolong this litigation and delay finality.
For these reasons, and for all the reasons set out in the Court’s previous Orders, [172], [176],
and [177], the Plaintiffs’ Motion to Alter or Amend [180] is DENIED.
SO ORDERED on this, the 1st day of June, 2018.
/s/ Sharion Aycock
UNITED STATES DISTRICT JUDGE