Straight Through Processing Inc. v. Americert Inc.

Good Law
325 F. App'x 590
United States Court of Appeals for the Ninth CircuitMay 14, 2009No. 08-35041California272 words

Opinion

Lead Opinion

MEMORANDUM *

AmeriCERT Inc. appeals the district court’s denial of its motion to amend judgment under Rule 59(e) of the Federal Rules of Civil Procedure. AmeriCERT sought to amend the judgment to receive possession of various hardware and soft *591 ware that was purchased in its name by Straight Through Processing (“STP”). We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm. .

Because specific grounds for a motion to amend or alter are not listed in Rule 59(e), the district court enjoys considerable discretion in granting or denying a motion. See Turner v. Burlington N. Santa Fe R.R. Co., 338 F.3d 1058, 1063 (9th Cir.2003) (citations omitted). “There are four grounds upon which a Rule 59(e) motion may be granted: 1) the motion is necessary to correct manifest errors of law or fact upon which the judgment is based; 2) the moving party presents newly discovered or previously unavailable evidence; 3) the motion is necessary to prevent manifest injustice; or 4) there is an intervening change in controlling law.” Id. (emphasis, citations, and internal quotation marks omitted). The district court did not abuse its discretion in denying the motion, because 1) AmeriCERT sought…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.