Opinion
Civil Action No. 3:98CV-365-S
September 10, 1999.
MEMORANDUM OPINION
This matter is before the Court on the motions of the plaintiffs, The Fund for Animals, et al., to alter or amend the Court's order granting the defendants, Governor Paul Patton, et al., summary judgment. This matter involves constitutional challenges to the Commonwealth of Kentucky's procedure for selecting nominees from which the Governor will appoint members to the Commonwealth of Kentucky, Department of Fish and Wildlife Resources Commission ("the Commission"). See KRS 150.022. On March 3, 1999, this Court found the plaintiffs' claims to be moot based on a statutory amendment to KRS 150.022(11) effective July 15, 1998. For the reasons set forth below, the Court will deny the motion to alter or amend.
Pursuant to KRS 150.022(3), nominees for appointment to the Commission are selected by a vote of "sportsmen" at a meeting called by the commissioner. A "sportsman" was originally defined as an individual who has been licensed to hunt or fish in Kentucky for the past two consecutive years or who has legally hunted or fished in Kentucky for the past two consecutive years. KRS 150.022(11). On July 15, 1998, the Kentucky General Assembly amended KRS 150.022(11) to include within the definition of "sportsman" individuals who have a registered motorboat.
Plaintiffs move this court to alter or amend the grant of summary judgment in favor of the defendants pursuant to Fed.R.Civ.P. 52 and 59. Rule 52 allows for amendment of findings of fact and conclusions of law. Pursuant to Rule 52, however, this Court did not make specific findings of fact and conclusions of law in its grant of summary judgment. "Findings of fact and conclusions of law are unnecessary on decisions of motions under Rule 12 or 56 or any other motion except as provided in subdivision (c) of this rule [i.e., judgment on partial findings]." Rule 52(a); see Stewart v. United States, 716 F.2d 755, 766 (10th Cir. 1982) (Rule 52 findings only required after non-jury trial or dismissal after presentation of plaintiff's evidence), cert. denied, 469 U.S. 1018 (1984). Thus, there are no findings of fact under Rule 52(a) that might be subject to amendment under Rule 52(b).
Plaintiffs also move the Court to alter or amend its judgment pursuant to Fed.R.Civ.P. 59. Rule 59(e) does not specify what grounds justify altering, amending, or vacating a judgment. Generally, however, motions to amend under Rule 59(e) have been restricted to one of three reasons: (1) because of an intervening change in the controlling law; (2) because of newly discovered evidence; or (3) if necessary to correct a clear error of law or prevent a manifest injustice. Hutchinson v. Staton, 994 F.2d 1076, 1081 (4th Cir. 1993).
The Rule 59(e) motion, however, may not be used to relitigate old matters, or to raise arguments or present evidence that could have been raised prior to entry of judgment. In Sault Ste. Marie Tribe of Chippewa Indians v. Engler, 146 F.3d 367 (6th Cir. 1998), an Indian Tribe unsuccessfully tried to raise a legal argument which was not made prior to the filing of its Rule 59(e) motion. Quoting a First Circuit case, the Sixth Circuit reasoned, "`Rule 59(e) motions are aimed at re consideration [sic], not initial consideration. Thus, parties should not use them to raise arguments which could, and should, have been made before judgment issued. Motions under Rule 59(e) must either clearly establish a manifest error of law or must present newly discovered evidence.'" Id. at 374 (quoting FDIC v. World Univ. Inc., 978 F.2d 10, 16 (1st Cir. 1992)).
Plaintiffs argue that the nomination process is unconstitutional because they cannot qualify as sportsmen. Plaintiffs claim that they cannot qualify because they refuse to hunt or fish or to purchase a hunting or fishing license because the proceeds of the license funds support hunting and fishing activities, which they morally oppose. Based on the statutory amendment to include individuals who have a registered motorboat within the definition of "sportsman," this Court found the plaintiffs' claims to be moot. This Court noted that the plaintiffs have made no claim that they morally oppose boating activities.
In their Motion to Alter or Amend, Plaintiffs now argue they are opposed to the requirement of "buying something" in order to be within the definition of "sportsman" and entitled to vote at the Commission meetings. Plaintiffs did not allege this in their Complaint; rather plaintiffs argued their constitutional deprivation stemmed from their moral opposition to hunting and fishing. Plaintiffs stated they were opposed to the purchase of a hunting or fishing license because the proceeds were used to support hunting and fishing, not because they were opposed to buying a license per se. The statutory amendment renders the plaintiffs' claims moot because the definition of sportsman now includes boating, an activity that does not necessarily involve hunting or fishing. Thus, plaintiffs' arguments that they object to "buying something," even if the proceeds are used for non-hunting or non-fishing activities, are entirely new to this cause of action. Despite defendants' repeated arguments that the statutory amendment mooted plaintiffs' claims, plaintiffs failed to address this subject until this Motion to Alter or Amend. Because plaintiffs could have, but did not, raise their argument before this Court ruled on the motion to dismiss, the argument is barred. Sault Ste. Marie Tribe of Chippewa Indians v. Engler, 146 F.3d 367, 374 (6th Cir. 1998).
For the reasons set forth above, the Court will deny plaintiffs' motion to alter or amend its order granting summary judgment to the defendants. A separate order will be entered herein this date in accordance with this opinion.
ORDER
Motion having been made by the plaintiffs, The Fund for Animals, et al., to alter or amend this Court's summary judgment order of March 3, 1999, and for the reasons set forth in the memorandum opinion, and the Court being otherwise sufficiently advised, IT IS HEREBY ORDERED AND ADJUDGED that the plaintiffs' motion is DENIED.