CIVIL ACTION NO.: 4:08CV113-DAS.United States District Court, N.D. Mississippi, Greenville Division.
October 26, 2009
DAVID SANDERS, Magistrate Judge
This matter is before the court on motion of the defendants to alter or amend the findings of fact and conclusions of law and judgment or for a new trial (# 65). It is well established that there are only three possible grounds to support a motion filed pursuant to Rule 59(e): (1) an intervening change in controlling law; (2) the availability of new evidence not previously available; or (3) the need to correct a clear error of law or prevent manifest injustice. See In re Benjamin Moore Co., 318 F.3d 626, 629 (5th cir. 2002). In the present case, the defendants do not contend there has been either an intervening change in controlling law or the availability of new evidence not previously available. The defendants do contend there is a need to correct a clear error of law. With their motion, the defendants point to virtually every legal decision made in the court’s initial findings and argue they were made in error.
After considering the motion and the response thereto, however, the court finds its initial decision and the reasoning cited in support correct. Accordingly, the defendants’ motion is not
IT IS, THEREFORE, ORDERED that the defendants’ motion to alter or amend the findings of fact and conclusions of law and judgment or for a new trial (# 65) is hereby DENIED.