Smith v. United States

Good Law
United States District Court, Southern District of CaliforniaDecember 20, 20223:22-cv-00798California628 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 Case No.: 22cv0798 DMS (BGS)

MICHAEL SMITH,

Plaintiff, ORDER DENYING PLAINTIFF’S v. MOTION TO ALTER, AMEND,

VACATE

UNITED STATES, Defendant. 16 17 This case comes before the Court on Plaintiff’s motion to alter, amend, or vacate the judgment of dismissal entered in this case on November 4, 2022. Plaintiff cites Federal Rules of Civil Procedure 50, 52, and 59 as the bases for his motion, but because the judgment was entered on a motion to dismiss, the Court will consider the motion under Rule 59 only.1 “[A] Rule 59(e) motion is an ‘extraordinary remedy, to be used sparingly in the interests of finality and conservation of judicial resources.’” Wood v. Ryan, 759 F.3d 1117,

26 1 Rule 50 applies after “a party has been fully heard on an issue during a jury trial[,]” Fed. R. Civ. P. 50(a)(1), and Rule 52 applies after an…

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