4:24-cv-04679•Jones v. Sparrows Offshore, LLC et al
Full text
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION BILLY JOE JONES, Plaintiff, v. § § § § § § § § § § CIVIL ACTION NO. H-24-4679 SPARROWS OFFSHORE, LLC and MC OFFSHORE PETROLEUM, LLC, Defendants. MEMORANDUM OPINION AND ORDER Pending before the court is Plaintiff Billy Joe Jones' Motion for New Trial and to Alter or Amend the Judgment (Docket Entry No. 37) . Federal Rule of Civil Procedure 59 (e) "serve [s] the narrow purpose of allowing a party 'to correct manifest errors of law or fact or to present newly discovered evidence. ' " Waltman v. International Paper Co., 875 F.2d 468, 473 (5th Cir. 1989). "A manifest error of law or fact must be one that is plain and indisputable, and that amounts to a complete disregard of the controlling law or the credible evidence in the record." Walker v. HongHua America, LLC, Civ. Action No. 4:12-cv-00134, 2012 WL 1898892, at *1 (S.D. Tex. May 23, 2012) (internal quotation marks omitted) . The Fifth Circuit has explained that Rule 59 reconsideration "is an extraordinary remedy that should be used sparingly." Templet v. HydroChem Inc., 367 F.3d 473, 479 (5th Cir. United States District Court Southern District of Texas ENTERED July 09, 2026 Nathan Ochsner, Clerk Case 4:24-cv-04679 Document 38 Filed 07/09/26 in TXSD Page 1 of 2
2004) . As such, to prevail on a Rule 59(e) motion for reconsideration, a movant must show: "(1) an intervening change in controlling law; (2) the availability of new evidence not previously available; or (3) the need to correct a clear error of law or prevent manifest injustice." In re Benjamin Moore & Co., 318 F.3d 626, 629 (5th Cir. 2002). A Rule 59(e) motion "'calls into question the correctness of a judgment, '" it is not "the proper vehicle for rehashing evidence, legal theories, or arguments that could have been offered or raised before the entry of judgment." Templet, 367 F.3d at 478-79 (quoting In re Transtexas Gas Corp., 303 F.3d 571, 581 (5th Cir. 2002)). Plaintiff's arguments were raised and rejected in the court's Memorandum Opinion and Order (Docket Entry No. 35). His pending motion falls far short of satisfying the requirement for relief under Rule 59(e). The reasons for which Plaintiff seeks reconsideration neither argue nor show a manifest error of law or fact, an intervening change in controlling law, or the availability of new evidence not previously available. Moore & Co., 318 F.3d at 629. See In re Benjamin Accordingly, Plaintiff's Motion for New Trial and to Alter or Amend the Judgment (Docket Entry No. 37) is DENIED. SIGNED at Houston, Texas, on this the 9th day of July, 2026. /' SIM LAKE SENIOR UNITED STATES DISTRICT JUDGE -2- Case 4:24-cv-04679 Document 38 Filed 07/09/26 in TXSD Page 2 of 2
Wondering how this text applies to your situation?
Free consultation, no commitment
Describe your situation. Our team will contact you by email about your consultation.
Continue your research in ChatGPT or Claude
Connect Omnilex to search the legal corpus from your AI assistant.