Opinion
CASE NO. 06-20741-CIV-KING.
September 21, 2007
ORDER DENYING DEFENDANTS' MOTION FOR RECONSIDERATION
THIS CAUSE is before the Court upon Plaintiff's Motion for Reconsideration (DE #92), filed September 11, 2007.
On August 24, 2007, this Court granted Defendant's Motion for Summary Judgment (D.E. #90) and entered Final Judgment (D.E. #91). Plaintiff's Motion to Reconsider Final Judgment, filed on September 11, 2007, was responded to on September 19, 2007.
The Court granted Defendant's Motion for Summary Judgment and entered Final Judgment on August 24, 2007. With regard to a motion to alter or amend judgment, pursuant to Rule 59(e), a motion for reconsideration must be filed within 10 days after entry of the order ruling on the motion. Lichentenberg v. Beiscorp Group. Inc., 304 F.3d 397, 400 (2d Cir. 2000). Rule 59(e)'s 10 day time limit is jurisdictional and cannot be extended in the discretion of the court. Id. At 400 citing Gribble v. Harris, 625 F.2d 1173 (5th Cir. 1980).
Because the Order was rendered on August 24, 2007, the time to file a motion for reconsideration expired on September 7, 2007, and therefore the instant motion is untimely.
Accordingly, after a careful review of the record and the Court being otherwise fully advised, it is
ORDERED and ADJUDGED that Plaintiff's Motion for Reconsideration ( DE # 92) be, and the same is hereby, DENIED.
DONE and ORDERED in chambers at the James Lawrence King Federal Justice Building and United States Courthouse, Miami, Florida.