Michael Tureaud v. Markel Insurance Company , 462 F. App'x 473 ( 2012 )


Menu:
  •      Case: 11-30763     Document: 00511764247         Page: 1     Date Filed: 02/22/2012
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT  United States Court of Appeals
    Fifth Circuit
    FILED
    February 22, 2012
    No. 11-30763                          Lyle W. Cayce
    Summary Calendar                             Clerk
    MICHAEL TUREAUD,
    Plaintiff - Appellant
    v.
    MARKEL INSURANCE COMPANY; MARKEL INTERNATIONAL
    INSURANCE COMPANY, LIMITED,
    Defendants - Appellees
    Appeal from the United States District Court
    for the Eastern District of Louisiana
    USDC No. 2:10-CV-1853
    Before GARZA, SOUTHWICK, and HAYNES, Circuit Judges.
    PER CURIAM:*
    This appeal arises from the district court’s denial of Tureaud’s motion to
    amend judgment, or in the alternative, for relief from the district court’s grant
    of summary judgment in favor of Markel International Insurance Company, Ltd.
    (“Markel International”) and judgment dismissing his suit with prejudice. We
    AFFIRM.
    *
    Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
    be published and is not precedent except under the limited circumstances set forth in 5TH CIR.
    R. 47.5.4.
    Case: 11-30763    Document: 00511764247      Page: 2   Date Filed: 02/22/2012
    No. 11-30763
    In granting summary judgment to Markel International on the grounds
    that Tureaud’s suit was barred by prescription, the district court rejected
    Tureaud’s arguments that the relation-back provision of Rule 15(c) of the
    Federal Rules of Civil Procedure operated to make his subsequent state court
    lawsuit against Markel International timely and that defense counsel’s alleged
    misconduct was responsible for Tureaud’s pleading deficiencies. In his motion
    pursuant to Rules 59 and 60 of the Federal Rules of Civil Procedure, Tureaud
    made virtually identical arguments as those in his response to Markel
    International’s summary judgment motion, arguments that the district court
    had already expressly rejected.     Thus, the district court denied Tureaud’s
    motion. Tureaud v. Markel Ins. Co., No. 10-1853, 
    2011 WL 2937220
    , at *1-2
    (E.D. La. July 19, 2011). Tureaud appeals only that denial.
    An abuse of discretion standard of review applies to a district court’s
    denial of a motion under Rule 59. See, e.g., ICEE Distribs., Inc. v. J&J Snack
    Foods Corp., 
    445 F.3d 841
    , 847 (5th Cir. 2006) (citation omitted). The same
    standard applies to a district court’s denial of a motion under Rule 60. See, e.g.,
    Martin v. H.M.B. Constr. Co., 
    279 F.2d 495
    , 496 (5th Cir. 1960) (citation
    omitted). We have carefully considered the pertinent portions of the record, the
    parties’ briefs, and relevant opinions of the district court. For substantially the
    same reasons as those set forth in the district court’s order denying Tureaud’s
    motion, we find no abuse of discretion by the district court warranting reversal.
    AFFIRMED.
    2
    

Document Info

Docket Number: 11-30763

Citation Numbers: 462 F. App'x 473

Judges: Garza, Southwick, Haynes

Filed Date: 2/22/2012

Precedential Status: Non-Precedential

Modified Date: 10/19/2024