COUTURE
v.
NOSHIRVAN
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In this civil case, the district court denied plaintiff Jennifer Couture's Rule 59(e) motion for reconsideration of an order dismissing her conspiracy claim. The court held that plaintiff could not raise a new legal theory (intentional infliction of emotional distress as an underlying tort) for the first time in a motion for reconsideration.
A party may not use a Rule 59(e) motion for reconsideration to raise arguments or present legal theories that could have been raised prior to entry of judgment. Plaintiff's attempt to introduce the IIED theory for the first time in her motion for reconsideration does not warrant reconsideration of the dismissal order.
“Rule 59(e) may not be used to "relitigate old matters, raise argument or present evidence that could have been raised prior to the entry of judgment."”
Establishes the controlling standard that Rule 59(e) motions cannot be used to introduce new arguments that should have been raised earlier in the litigation.
Plaintiff Jennifer Couture filed a conspiracy claim against defendant Danesh Noshirvan. The court dismissed the conspiracy claim for lack of an underl…
The full statement of facts, procedural history, and disposition for this case are member content.
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Before the Court are Plaintiff Jennifer Couture's Rule 59(e) Motion for Reconsideration (Doc. 116) and Defendant's Response (Doc. 122). Plaintiff asks the Court to reconsider its Order dismissing her conspiracy claim for lack of an underlying tort. In support, she argues intentional infliction of emotional distress could serve as the underlying tort. But this is the first time Plaintiff has mentioned IIED. She did not plead IIED in the operative complaint. And she did not argue IIED in response to Defendant's motion to dismiss. So, Plaintiff's argument does not support reconsideration. See Michael Linet, Inc. v. Vill. of Wellington, 408 F. 3d 757, 763 (11th Cir. 2005) (Rule 59(e) may not be used to "relitigate old matters, raise argument or present evidence that could have been raised prior to the entry of judgment.").
Accordingly, it is now
ORDERED:
Plaintiff's Motion for Reconsider (Doc. 116) is DENIED.
DONE and ORDERED in Fort Myers, Florida on April 30, 2024.
SHERI POLSTER CHAPPELL UNITED STATES DISTRICT JUDGE
Copies: All Parties of Record
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Citator
Authorities Cited
- Michael Linet, Inc. v. The Vill. OF Wellington, 408 F.3d 757 (11th Cir. 2005)