Free Motion to Amend/Correct - District Court of Delaware - Delaware

Case 1 :04-cv—0091 1—GI\/IS Document 177 Filed 07/1 1/2006 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
JAN KOPACZ, et al., )
) C.A. No. 04-911 (GMS)
Plaintiffs, ) (Consolidated with C.A. No. 04-1281 GMS)
)
v. )
)
DELAWARE RIVER AND BAY )
AUTHORITY and CRAIG SWETT )
)
Defendants. )

PLAINTIFFS’ MOTION TO AMEND A JUDGMENT
PURSUANT TO F. R. CIV. P. 59(e)
AND FOR REARGUMENT PURSUANT TO LOCAL RULE 7.1.5
Plaintiffs respectfully move for reargument on the various motions which were pending
before the Court and to amend the C0urt’s Order of July 5, 2006 by vacating it and withdrawing
its Memorandum and assign in support thereof the following:
1. It is undisputed that defendant DRBA failed to renew its Rule 50 Motion at the close
of all the evidence as required by F. R. Civ. P. 50(b), so the Court is without jurisdiction to grant
the Motion for Judgment as a matter of law, and its Memorandum should be withdrawn and its
Order should be vacated.
2. The Court failed to consider that all inferences from the evidence are to be drawn in
plaintiffs’ favor since they were the verdict winners, so the COl1I`I’S reasoning is in error and the
Memorandum should be withdrawn and the Order of July 5, 2006 should be vacated.
WHEREFORE, plaintiffs request the relief being sought.
54954 vl

Case 1 :04-cv-00911-GIVIS Document 177 Filed 07/11/2006 Page 2 of 3
WHEREFORE, plaintiffs request the relief being sought.
/s/ Bemard A. Van Ogtgop
BERNARD A. VAN OGTROP, ESQ. (DE447)
[email protected]
222 Delaware Avenue, Suite 1500
P.O. Box 68
Wilmington, DE 19899
(302) 888-0600
Attomeys for Plaintiffs
OF COUNSEL:
E. Alfred Smith, Esquire
E. Alfred Smith & Associates
1333 Race Street, Second Floor
Philadelphia, PA 19107
Date: July 11, 2006

Case 1 :04-cv-00911-GIVIS Document 177 Filed 07/11/2006 Page 3 of 3
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on July 12, 2006, I electronically filed with the Clerk of Court
Proposed Order for Plaintiffs Motion to Amend a Judgment Pursuant to F.R. Civ. P.59(e)
and for Reargument Pursuant to Local Rule 7.1.5 by using CM/ECF which will send
notification of such filing to counsel of record.
/s/ Bemard A. Van Ogtrop
Bemard A. Van Ogtrop, Esq. (DE 447)
bvanog_t_;[email protected]