Opinion

Holmes v. Reddoch

Court
District Court, E.D. Louisiana
Filed
May 12, 2023
Cited by
0 cases
Authority
More cited than 22.4%

The opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF LOUISIANA

MICHAEL R. HOLMES CIVIL ACTION

VERSUS No. 19-12749

CORBETT REDDOCH, ET AL. SECTION I

ORDER

Before the Court is plaintiff Michael R. Holmes’ (“Holmes”) motion1 pursuant

to Federal Rule of Civil Procedure 59 for reconsideration of this Court’s denial2 of

Holmes’ motion3 in limine to exclude evidence of his traffic violations and related

attachments.

“Although the Fifth Circuit has noted that the Federal Rules ‘do not recognize

a “motion for reconsideration” in haec verba,’ it has consistently recognized that such

a motion may challenge a judgment or order under Federal Rules of Civil Procedure

54(b), 59(e), or 60(b).” United States v. Martin, No. 17-179, 2022 WL 2986579, at *2

(E.D. La. July 28, 2022) (Brown, C.J.) (quoting Lavespere v. Niagara Mach. & Tool

Works, Inc., 910 F.2d 167, 173 (5th Cir. 1990)). “The general practice of this court has

been to evaluate motions to reconsider interlocutory orders under the same standards

that govern Rule 59(e) motions to alter or amend a final judgment.” Castrillo v. Am.

Home Mortgage Servicing Inc., No. 09-4369, 2010 WL 1424398, at *4 (E.D. La. Apr.

5, 2010) (Vance, J.) (citations omitted).

1 R. Doc. No. 212.

2 R. Doc. No. 180.

3 R. Doc. No. 169.

Pursuant to Federal Rule of Civil Procedure 59(e), a party may file a motion to

alter or amend a judgment no later than 28 days after the entry of the judgment.

Rule 59(e) motions “serve the narrow purpose of allowing a party to correct manifest

errors of law or fact or to present newly discovered evidence.” Waltman v. Int’l Paper

Co., 875 F.2d 468, 473 (5th Cir. 1989). “Reconsideration of a judgment after its entry

is an extraordinary remedy that should be used sparingly.” Templet v. HydroChem

Inc., 367 F.3d 473, 479 (5th Cir. 2004). “[S]uch a motion is not the proper vehicle for

rehashing evidence, legal theories, or arguments that could have been offered or

raised before the entry of judgment.” Id. (citing Simon v. United States, 891 F.2d

1154, 1159 (5th Cir. 1990)).

“A moving party must satisfy at least one of the following four criteria to

prevail on a Rule 59(e) motion: (1) the movant demonstrates the motion is necessary

to correct manifest errors of law or fact upon which the judgment is based; (2) the

movant presents new evidence; (3) the motion is necessary in order to prevent

manifest injustice; [or], (4) the motion is justified by an intervening change in the

controlling law.” Jupiter v. BellSouth Telecomms., Inc., No. 99-0628, 1999 WL 796218,

at *1 (E.D. La. Oct. 5, 1999) (Vance, J.) (internal quotation marks omitted). “A

manifest error is one that is plain and indisputable, and that amounts to a complete

disregard of the controlling law.” Puga v. RCX Sols., Inc., 922 F.3d 285, 293 (5th Cir.

2019) (quotation and citations omitted).

Holmes’ motion for reconsideration makes no argument as to, nor provides any

evidence to substantiate, any of the four avenues to prevail on a Rule 59(e) motion.

2

Holmes merely rehashes the arguments he made in his motion in limine and asserts

that the evidence pertaining to his charged traffic-related offenses and attachments

is not relevant because the timeframe in which Holmes alleges he was held in

violation of his Fourth Amendment rights is “not in dispute.”4 “When there exists no

independent reason for reconsideration other than mere disagreement with a prior

order, reconsideration is a waste of judicial time and resources and should not be

granted.” Fairway Vill. Condominiums v. Indep. Specialty Ins. Co., No. 22-2022, 2023

WL 2663087, at *1 (E.D. La. Mar. 28, 2023) (Brown, C.J.). Holmes’ motion is therefore

appropriately denied as lacking an independent reason for reconsideration.

As the Court finds that Holmes has not demonstrated a manifest error of law

or fact, new evidence, that reconsideration is necessary in order to prevent manifest

injustice, or the existence of an intervening change in the controlling law, Jupiter,

1999 WL 796218, at *1, the Court will deny Holmes’ motion for reconsideration.

4 R. Doc. No. 212-1, at 1. Defendants have not had the opportunity to oppose Holmes’

motion for reconsideration, as it has been filed less than one full working day before

trial, and the Court consequently cannot determine whether Holmes’ assertion that

there is no dispute as to the relevant timeframe is accurate. The Court further notes

that while Holmes states that he “does not complain of his detention while being

transported to the jail or his detention in the jail” and “does not allege that he was

mistreated while being transported to the jail or while in the jail[,]” id. at 1–2, Holmes

does maintain Louisiana state law claims for false arrest or imprisonment and

intentional infliction of emotional distress, Holmes has not asked the Court to

instruct the jury not to consider any events that occurred after he was arrested (for

example, his transportation to and detention at the jail) when awarding damages,

nor has he indicated that he would agree to such an instruction. Furthermore, on the

record presented, the Court cannot state with any degree of certainty that some

portion of Holmes’ requested mental anguish damages could not have resulted from

his arrest for outstanding traffic attachments.

3

Ill. CONCLUSION

Accordingly,

IT IS ORDERED that Holmes’ motion for reconsideration is DENIED.

New Orleans, Louisiana, May 12, 2023.

M. AFRICK

UNITED STAFES DISTRICT JUDGE

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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