Opinion
Civil Case No. 00-B-1614 (Consolidated with 01-B-718 and 01-B-969).
January 23, 2002
ORDER
On December 10, 2001, plaintiffs filed their "Motion To Amend Findings, Make Additional Findings Pursuant To Fed.R.Civ.P. 52(b), Motion For Reconsideration and Relief From Order/Judgment Due To Newly Discovered Evidence Pursuant To Fed.R.Civ.P. 60(b), Motion To Amend The Pleadings, and Request For Extension Of Time", (the motion). The sheriff defendants and school defendants have responded to the motion. On December 31, 2001, plaintiffs filed a supplemental motion adopting and incorporating the arguments of plaintiffs in the companion case of Castaldo, et al. v. Jefferson County Sheriff John C. Stone, et al., Civil Case No. 00-B-1611.
Plaintiffs' reliance on Fed.R.Civ.P. 52(b) is misplaced. That rule pertains to actions tried upon the facts without a jury or with an advisory jury. No such trial occurred in this case because the November 27, 2001 order of dismissal was pursuant to Fed.R.Civ.P. 12(b)(6).
I construe plaintiffs' motion as one for new trial pursuant to Fed.R.Civ.P. 59(e) and 60(b). The motion will be denied for the reasons stated in Civil Case No. 00-B-1611.
IT IS THEREFORE ORDERED that the motion is DENIED.