IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE E.C., Plaintiff, : v. Civil Action No. 24-181-RGA TRUSTEE BARBARA HOUSER, et al, : Defendants. MEMORANDUM ORDER At Wilmington, on this 6 day of December 2024, the Complaint in the above- captioned case having been dismissed on May 16, 2024 (D.I. 8), and this Court having

found amendment futile (D.I. 7 & D.1. 8); and Having carefully reviewed and considered Plaintiffs motion for reconsideration (D.I. 10) and Plaintiffs motion to amend Complaint (D.I. 11); IT IS HEREBY ORDERED that Plaintiffs motion for reconsideration (D.I. 10) is DENIED. The standard for obtaining relief under Rule 59(e) is difficult for a party to meet. The purpose of a motion for reconsideration is to “correct manifest errors of law or fact or to present newly discovered evidence.” Max’s Seafood Café ex rel. Lou-Ann, Inc. v. Quinteros,

, 677 (3d Cir. 1999). “A proper Rule 59(e) motion . . . must rely on one of three grounds: (1) an intervening change in controlling law; (2) the availability of new evidence; or (3) the need to correct a clear error of law or fact or to prevent manifest injustice.” Lazaridis v. Wehmer,

(3d Cir. 2010) (citing N. River Ins. Co. v. CIGNA Reinsurance Co.,

(3d Cir. 1995)).

Here, Plaintiff moves for reconsideration based on new evidence in the form of a witness affidavit regarding alleged sexual abuse. (D.I. 10 at 2.) Yet the offered affidavit does not alter the fact that the relief Plaintiff seeks based on the evidence offered, /.e., an order that the trustee in a bankruptcy proceeding compensate Plaintiff for sexual abuse suffered, remains “solely within the jurisdiction of the Bankruptcy Court” and not this Court. (D.I. 7 at 5.) As such, Plaintiff's motion for reconsideration must be denied. IT IS FURTHER ORDERED that Plaintiffs motion to amend complaint (D.I. 11) is DENIED. As discussed above, this Court found amendment futile when dismissing the Complaint and nothing presented in the amended complaint (/d.) warrants reconsideration of that assessment; amendment remains futile because the relief Plaintiff seeks remains outside the jurisdiction of this Court.

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