Foster v. Seaside Healthcare
Foster v. Seaside Healthcare
Trial Court Opinion
UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA MONROE DIVISION
BILLY FOSTER ET AL CASE NO. 3:21-CV-03985 VERSUS JUDGE TERRY A. DOUGHTY SEASIDE HEALTHCARE ET AL MAG. JUDGE KAYLA D. MCCLUSKY ORDER Pending here is Plaintiffs Billy Foster and Edna Foster’s Motion for Reconsideration [Doc. No. 65]. Plaintiffs request the Court reconsider its Judgment [Doc. No. 64] adopting the Magistrate Judge’s Report and Recommendation [Doc. No. 50], which granted in part Defendant’s Motion to Dismiss [Doc. No. 10] and dismissed Plaintiffs’ claims with prejudice. “While there is no motion for reconsideration per se, there is a motion to alter or amend judgment under Federal Rule of Civil Procedure 59(e). The Fifth Circuit has explained that a Rule 59(e) motion “calls into question the correctness of a judgment,” but “is not the proper vehicle for rehashing evidence, legal theories, or arguments that could have been offered,” or were offered, “before the entry of judgment.” Templet v. HydroChem, Inc.,
367 F.3d 473, 478-79(5" Cir. 2004) (citations and internal quotation marks omitted).” The Court has nevertheless considered Plaintiffs’ Motion for Reconsideration [Doc. No.65] and finds no reason to alter or amend its Judgment. Accordingly, IT IS ORDERED that Plaintiffs’ Motion for Reconsideration [Doc. No. 65] is DENIED. Monroe, Louisiana, this 16" day of August 2022. dane TERRY-A. DOUGHTY ( | | UNITED STATES DISTRIC DGE
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