Opinion
Civil Action No. 99-3109 SECTION "T" (1)
May 6, 2002
Before the Court is a Motion to Stay Proceedings to Enforce a Judgment, Motion to Amend Judgment, and Motion to Set Aside Judgment filed on behalf of the plaintiff, Vogel Denise Newsome (Document No. 93). The matter was taken under submission on April 24, 2002. The Court, having considered the arguments of the parties, the Court record, the law and applicable jurisprudence, is fully advised in the premises and ready to rule.
ORDER AND REASONS
I. BACKGROUND:
The facts of this matter have been thoroughly described in numerous earlier pleadings. Briefly, Ms. Newsome, an African American female, was an employee of Amicus Staffing, a temporary agency. During the week ending August 16, 1998, Ms. Newsome was assigned to Entergy to fill a temporary position that included clerical duties. On November 4, 1998, Ms. Newsome was terminated. Ms. Newsome alleges that she was terminated on account of her race and gender and in retaliation for her complaints of harassment. Entergy contends that Ms. Newsome was terminated because she spent an excessive amount of time conducting personal business on the telephone and internet and because she refused to perform work assignments.
On March 18, 2002, this Court granted Entergy's Motion for Summary Judgment and dismissed the plaintiff's claims with prejudice. On April 1, 2002, the plaintiff filed the instant motions.
II. LEGAL ANALYSIS:
A. Law on FRCP 59(a) .
A Court may grant a motion to alter or amend a judgment if the movant presents newly discovered evidence that was not available at the time of trial or if the movant points to evidence in the record that clearly establishes a manifest error of law or fact. Matter of Prince, 85 F.3d 314, (7th Cir. 1996); cert. denied 113 S.Ct. 608, 519 U.S. 1040, 136 L.Ed.2d 534.
In the instant motion, the plaintiff has not presented any new evidence, nor has she shown any evidence that establishes a manifest error of law or fact. Therefore, the Motion to Amend pursuant to FRCP 59(a) is denied.
B. Law on FRCP 62(b) .
FRCP 62(b) reads, in pertinent part:
"In its discretion . . ., the court may stay the execution of or any proceedings to enforce a judgment pending the disposition of a motion for new trial or to alter or amend a judgment made pursuant to Rule 59 . . ."
This Order disposes of the plaintiff's Motion to Amend. Because the Motion to Amend is denied, the Motion to Stay pursuant to FRCP 62(b) is also denied because there is no longer a Motion to Amend pending before the Court.
Accordingly,
IT IS ORDERED that the Motion to Stay Proceedings to Enforce a Judgment, Motion to Amend Judgment, and Motion to Set Aside Judgment filed on behalf of the plaintiff, Vogel Denise Newsome (Document No. 93) be, and the same is hereby DENIED.