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Nelson v. City of Albuquerque, 921 F.3d 925 (10th Cir. April 16, 2019)

Apr 16, 2019

The defendants filed two motions to alter or amend a civil judgment under Fed. R. Civ. P. 59(e) that were decided by different judges.  After the first judge denied the first motion, he retired and the court reassigned the case to another judge.  The defendants then filed their second motion, reurging or elaborating on what they had argued in their prior motion.  The second judge granted the motion.  The Tenth Circuit reversed, holding that parties cannot invoke Rule 59(e) to reurge or elaborate on arguments already decided in earlier Rule 59(e) proceedings.