Taylor v. Stone

Full title: MARK A. TAYLOR, a minor and through his parents and next friends, MARK…

Court: United States District Court, D. Colorado

Date published: Jan 23, 2002

Civil Case No. 00-B-1615 (D. Colo. Jan. 23, 2002)

Opinion

Civil Case No. 00-B-1615.

January 23, 2002

ORDER

LEWIS T. BABCOCK, CHIEF JUDGE.

On December 11, 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 sheriff defendants and school defendants have responded to the motion. 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. The November 27, 2001 order of dismissal was pursuant to Fed.R.Civ.P. 12(b)(6).

I construe the 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 the companion case of Castaldo, et al. v. Jefferson County Sheriff John C. Stone, et al., Civil Case No. 00-B-1611.

IT IS THEREFORE ORDERED that the motion is DENIED.