Malone v. Eden et al
ORDER by Circuit Judge Paul Kelly, Jr. denying 211 Plaintiff's Motion to Alter or Amend Judgment. (rt)
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
TONYA MICHELLE MAHONE, as
Personal Representative of the Estate of
GERARD WATSON, Deceased,
GARY EDEN, JACQUELINE R.
FLETCHER, and CRST EXPEDITED,
ORDER DENYING MOTION TO ALTER OR AMEND JUDGMENT
THIS MATTER came on for consideration of Plaintiff’s Motion to Alter or
Amend Judgment filed August 12, 2019. ECF No. 211. Defendant Fletcher has
responded and the court finds that a reply is unnecessary because the motion simply does
not question the underlying correctness of the judgment, an essential prerequisite of a
Rule 59(e) motion. See Hayes Family Trust v. State Farm Fire & Casualty Co., 845 F.3d
997, 1005 (10th Cir. 2017); Servants of the Paraclete v. Does, 204 F.3d 1005, 1012 (10th
Cir. 2000). Given that all claims have been resolved, Rule 54(b) which allows the court
to enter a final judgment as to one or more claims or parties (but not all) given an express
finding that “there is no just reason for delay” is inapposite. The court entered a final
judgment on a separate document in accordance Rule 58 – that should be sufficient
notwithstanding that the parties may have different ideas about the collectability of the
judgment or the advisability of an appeal.
NOW, THEREFORE, IT IS ORDERED that Plaintiff’s Motion to Alter or Amend
Judgment filed August 12, 2019, is denied.
DATED this 19th day of August 2019, at Santa Fe, New Mexico.
/s/ Paul Kelly, Jr.
United States Circuit Judge
Sitting by Designation
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