Free Order on Motion for Reconsideration - District Court of Delaware - Delaware

Case 1:04-cv-01530-JJF Document 37 Filed 07/18/2006 Page1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
JOHN S. SHIPLEY, :
Plaintiff, ;
v. ; Civil Action No. 04—l530—JJF
B&F TOWING COMPANY and :
OWNERS , :
Defendants. :
MEMORANDUM ORDER
On June I3, 2006, the Court granted B&F Towing Company and
Owners' (“B&F Towing") Motion For Summary Judgment and entered a
Judgment Order in their favor (D.I. 31-33). On June 28, 2006,
Plaintiff filed a Motion To Reconsider The Order Dated June I3,
2006 (D.I. 34). In support of his Motion, Plaintiff stated:
I. The background facts are misleading as to the
truth of the matter.
2. The plaintiff, John S. Shipley, asks that the
court grant an extension of time to obtain legal
counsel in order to respond to the defendants’
REPLY brief.
3. John S. Shipley’s vehicle was parked on his
private property when posted as abandoned and
seized from his private property. No one had the
right to seize my private property. The leaves
and branches were cleaned up at the time of
seizure. There was no health hazard at anytime to
anyone.
(D.I. 34).
Motions for reconsideration following a judgment order may
be brought pursuant to Rule 59(e) or Rule 60(b). A motion
brought pursuant to Rule 60(b) may be granted for only six

Case 1:04-cv-01530-JJF Document 37 Filed 07/18/2006 Page 2 0f 3
reasons, none of which the Court finds applicable here.1 United
States v. Fiorelli, 337 F.3d 282, 288 (3d Cir. 2003). A motion
to reconsider is brought pursuant to Rule 59(e), however, when
the motion is used to “‘relitigate the original issue' decided by
the district court." Id. In this case, Plaintiff is attempting
to relitigate the Court’s decision on summary judgment, and
therefore, Rule 59(e) applies.
A motion brought pursuant to Rule 59(e) is subject to a time
constraint of ten days. Fed. R. Civ. P. 59(e) (“Any motion to
alter or amend a judgment shall be filed no later than 10 days
after entry of judgment.”) The Court entered its Judgment Order
on June 13, 2006 (D.I. 33), and Plaintiff filed his Motion on
June 28, 2006 (D.I. 34). In calculating the ten days, the Court
must exclude, the date the Judgment Order was entered, legal
holidays, and Saturdays and Sundays. Fed. R. Civ. P. 6.
Excluding those days, Plaintiff filed his Motion thirteen days
after the Judgment Order was entered. Accordingly, Plaintiff's
1These reasons include;
(1) mistake, inadvertence, surprise, or excusable
neglect; (2) newly discovered evidence...; (3) fraud...
misrepresentation, or other misconduct of an adverse
party; (4) the judgment is void; (5) the judgment has
been satisfied, released, or discharged, or a prior
judgment upon which it is based has been reversed or
otherwise vacated, or it is no longer equitable that
the judgment should have prospective application; or
(6) any other reason justifying relief from the
operation of the judgment.
Fed. R. civ. P. 60(b>.
2

Case 1:04-cv-01530-JJF Document 37 Filed 07/18/2006 Page30f3
Motion is time-barred, and therefore, the Court will deny his
Motion To Reconsider The Order Dated June l3, 2006 (D.I. 34).
ORDER
NOW THEREFORE, IT TS HEREBY ORDERED that Plaintiff’s Motion
To Reoonsider The Order Dated June l3, 2006 (D.T. 34) is DENIED.
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UNITFD ST TES DISTRICT COUR
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