Metropolitan Life Insurance Company v. Redavide et al
OPINION MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Deborah Redavide's Motion to Reconsider [Doc. No. 27 ], is denied. Signed by District Judge Henry Edward Autrey on 12/4/17. (KJS)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
METROPOLITAN LIFE INSURANCE
DEBORAH REDAVIDE, et al.,
No. 4:15CV1430 HEA
OPINION, MEMORANDUM AND ORDER
This matter is before the Court on Deborah Redavide=s Motion for
Reconsideration, [Doc. No. 27]. For the reasons set forth below, the Motion is
On May 15, 2017, the Court entered its Opinion, Memorandum and Order
finding that Bryan K. Reeves was entitled to the proceeds of the Metropolitan Life
Insurance Policy. Redavide now seeks to have the Court reconsider the Order.
ARule 59(e) permits a court to alter or amend a judgment, but it >may not be
used to relitigate old matters, or to raise arguments or present evidence that could
have been raised prior to the entry of judgment.= 11 C. Wright & A. Miller, Federal
Practice and Procedure ' 2810.1, pp. 127-128 (2d ed.1995) (footnotes omitted).@
Exxon Shipping Co. v. Baker, 554 U.S. 471, 128 S.Ct. 2605, 2617, n. 5 (2008).
Rule 59(e) was adopted to clarify that Athe district court possesses the power to
rectify its own mistakes in the period immediately following the entry of judgment.@
White v. New Hampshire Dep=t of Employment Sec., 455 U.S. 445, 450, 102 S.Ct.
1162, 71 L.Ed.2d 325 (1982) (internal quotations omitted). Moreover, ARule 59(e)
motions serve the limited function of correcting manifest errors of law or fact or to
present newly discovered evidence.@ Innovative Home Health Care, Inc. v. P.T
.-O.T. Assocs. of the Black Hills, 141 F.3d 1284, 1286 (8th Cir.1998),(internal
punctuation and citations omitted). ASuch motions cannot be used to introduce new
evidence, tender new legal theories, or raise arguments which could have been
offered or raised prior to entry of judgment.@ United States v. Metropolitan St.
Louis Sewer Dist., 440 F.3d 930, 933 (8th Cir.2006) (quoting Innovative Home
Health Care, 141 F.3d at 1286)).
District courts Awill ordinarily deny a motion for reconsideration unless the
party demonstrates a showing of manifest error in the prior ruling or demonstrates
new facts or legal authority that the party could not have previously produced with
reasonable diligence to the court.@ ElderBKeep v. Aksamit, 460 F.3d 979, 988 (8th
Cir.2006); Monsanto Co. v. E.I. Dupont de Nemours & Co., 2011 WL 322672 at *4
(E.D.Mo. Jan.31, 2011); Arnold v. ADT Sec. Services, Inc., 627 F.3d 716, 721 (8th
Cir.2010). A motion to reconsider Acannot be used to raise arguments which could
have been raised prior to the issuance of judgment.@ Hagerman v. Yukon Energy
Corp., 839 F.2d 407, 414 (8th Cir.1988). District courts have Abroad discretion@ in
determining whether to reconsider judgment. Hagerman, 839 F.2d at 413.
In her Motion, Plaintiff attempts to persuade the Court to grant relief from its
findings which led to the conclusion that she was not entitled to the proceeds of the
policy. Plaintiff has not produced evidence, but has merely argued that the decision
should not stand. Plaintiff has presented nothing new, nor has she pointed the Court
to any mistake so severe as to establish manifest error. Nothing has been presented
to the Court which would establish that Redavide is the rightful beneficiary to the
insurance policy. The judgment in this matter shall remain.
IT IS HEREBY ORDERED that Deborah Redavide=s Motion to Reconsider
[Doc. No. 27], is denied.
Dated this 4th day of December, 2017.
HENRY EDWARD AUTREY
UNITED STATES DISTRICT JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?