Morgan Stanley v. Hale ( 2021 )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON MORGAN STANLEY, Plaintiff, Case No. 3:19-cv-327 vs. RICHARD “RIP” HALE, District Judge Michael J. Newman Defendant. ORDER DENYING MOTION FOR RECONSIDERATION (Doc. No. 17) This matter is before the Court on Defendant Richard “Rip” Hale’s (“Hale”) motion for reconsideration and attorney’s fees. Doc. No. 17. The Court liberally construes Hale’s motion as a motion to alter or amend a judgment under Fed. R. Civ. P. 59(e), which must be filed within twenty-eight days of judgment. Assuming, arguendo, that this Court has jurisdiction, the motion is DENIED as untimely. A Rule 59(e) motion filed outside of the time limit can constitute a Fed. R. Civ. P. 60(b) motion. See Johnson v. Unknown Dellatifa, 357 F.3d 539, 542 (6th Cir. 2004). However, Morgan Stanley dismissed the case upon remand to state court, so relief under Rule 60(b) is moot. See Hale v. Morgan Stanley, _ F. Supp. 3d __, 2021 WL 5299790, at *9-11 (S.D. Ohio Nov. 15, 2021). Thus, this case remains TERMINATED on the docket. IT IS SO ORDERED. December 16, 2021 s/Michael J. Newman Hon. Michael J. Newman United States District Judge