Infogroup, Inc. et al v. DatabaseLLC et al

Filing 472

ORDER - that the plaintiff's Motion for Corrective Order Nunc Pro Tunc (filing 469 ) is denied. Ordered by Judge John M. Gerrard. (DCD)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
Infogroup, Inc., Delaware corporation,
Plaintiff,

8:14-CV-49

vs.
ORDER
DatabaseUSA.com LLC, a Nevada
limited-liability company, and Vinod
Gupta,
Defendants.
The plaintiff has filed a motion (filing 469) for a judgment nunc pro tunc,
contending that the Court's judgment (filing 467) judgment "inadvertently"
omitted Vinod Gupta's joint and several liability for the $43.6 million amount
the jury awarded to the plaintiff. The Court will deny that motion.
The function of a nunc pro tunc order is to correct clerical or ministerial
errors, or to reduce an oral or written opinion to judgment; the function is not
to make substantive changes affecting a party's rights. United States v. SuarezPerez, 484 F.3d 537, 541 (8th Cir. 2007). It is an exercise of the Court's
"inherent power . . . to make its records speak the truth—to record that which
was actually done, but omitted to be recorded. It is no warrant for the entry of
an order to record that which was omitted to be done." Id. In other words, the
Court may not use such an order to "rewrite history." Id.
And that is what the plaintiff is asking the Court to do. Rightly or
wrongly, the Court's judgment did not impose joint and several liability.
Accordingly, if the plaintiff believes that was incorrect, its remedy is to ask the
Court to alter or amend the judgment pursuant to Fed. R. Civ. P. 59(e).

IT IS ORDERED that the plaintiff's Motion for Corrective Order
Nunc Pro Tunc (filing 469) is denied.
Dated this 31st day of August, 2018.
BY THE COURT:

John M. Gerrard
United States District Judge

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