Ellis v. Malone, et al

Filing 32

ORDER signed by Judge J P Stadtmueller on 12/7/09 denying 31 plaintiff's Motion for Leave to Amend. (cc: plaintiff, all counsel) (nm)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN
____________________________________________ J IM M Y L. ELLIS, P l a i n t if f , v. R O N A L D MALONE and JANE DOES, D e fe n d a n ts . ____________________________________________ Case No. 02-CV-428

ORDER
T h is case was originally filed on April 26, 2002. Judgment was entered a g a in s t plaintiff on May 28, 2003. On November 16, 2009, over six years later, p la in tiff filed a Motion for Leave to Amend (Docket #31) seeking amendment of the ju d g m e n t. The timing for a motion to alter or amend a judgment is governed by Fed. R . Civ. P. 59(e), which allowed ten days from the date of judgment for the filing of s u c h a motion under the pre-December 1, 2009 rule, and allows twenty-eight days fro m the date of judgment for the filing of such a motion under the present rule. E ith e r way, plaintiff's motion was filed well beyond the applicable deadline, and must, th e re fo re , be denied. A c c o r d in g ly ,

IT IS ORDERED that plaintiff's Motion for Leave to Amend (Docket #31) be a n d the same is hereby DENIED. D a te d at Milwaukee, W is c o n s in , this 7th day of December, 2009. BY THE COURT:

J .P . Stadtmueller U .S . District Judge

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