Doug Roy, Jr., Individually v. Volkswagenwerk Aktiengesellschaft, a German Corporation, Defendants

Appellees made a timely motion for new trial within ten days after the judgment under Rule 59(b) of the Federal Rules of Civil Procedure. The ground specified was the insufficiency of the evidence to support the verdict. Petitioners argue that that basis for the motion was not advanced with sufficient particularity. A later document, filed after the ten-day period, furnished the detailed arguments. The initial motion was adequate to preserve the jurisdiction of the district court to rule on the motion. The later document was not an amendment advancing a new ground but, rather, it was an exposition of the original ground specified. Even if the later doc ument were considered to be an amendment, such would be permitted. Pogue v. International Industries, Inc., 524 F.2d 342 (6th Cir.1975). 6A Moore’s Federal Practice 1159.09(2) at 59-204-209.

The district judge granted the motion on the ground of the insufficiency of the evidence to support the verdict, which was the ground specified in the appellees’ motion, and thus in full compliance with Rule 59(b). However, even had the ground of his order varied from that specified in appellees’ motion, Rule 59(d) specifically provides that…