Johnston v. Commerce Bancshares, Inc. et al

Filing 76

ORDER denying 74 motion for reconsideration. Signed on September 29, 2017, by Chief District Judge Greg Kays. (Law clerk)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION JOHN JOHNSTON, Plaintiff, vs. COMMERCE BANCSHARES, INC., and PRUDENTIAL INSURANCE COMPANY of AMERICA Defendants. ) ) ) ) ) ) ) ) ) ) ) No. 4:15-CV-0852-DGK ORDER DENYING MOTION FOR RECONSIDERATION This ERISA action arises from Defendant Prudential Insurance Company of America’s (“Prudential”) decision to terminate Plaintiff John Johnston’s (“Plaintiff”) long-term disability benefits under a policy purchased by Defendant Commerce Bancshares, Inc. (“Commerce”). Plaintiff alleges Prudential and Commerce improperly terminated benefits to which he was entitled. Now before the Court is Plaintiff’s Motion for Reconsideration (Doc. 74) of the Court’s decision to grant summary judgment to Defendant Prudential. Plaintiff brings the motion pursuant to Federal Rule of Civil Procedure 59. Motions to alter or amend a judgment brought pursuant to Rule 59(e) “serve a limited function: to correct manifest errors of law or fact or to present newly discovered evidence.” Hagerman v. Yukon Energy Corp., 839 F.2d 407, 414 (8th Cir. 1988) (citations omitted). They cannot be used to introduce evidence that could have been offered during the pendency of the motion, or “to raise arguments which could have been raised prior to the issuance of the judgment.” Preston v. City of Pleasant Hill, 642 F.3d 646, 652 (8th Cir. 2011). A district court has “broad discretion” in determining whether to grant a Rule 59(e) motion. Briscoe v. Cty. of St. Louis, Mo., 690 F.3d 1004, 1015 (8th Cir. 2012). The Court has read Plaintiff’s motion for reconsideration and finds it does not contain any new evidence or arguments which could not have been presented previously. Accordingly, the Motion for Reconsideration (Doc. 74) is DENIED. IT IS SO ORDERED. Date: September 29, 2017 /s/ Greg Kays GREG KAYS, CHIEF JUDGE UNITED STATES DISTRICT COURT 2

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