Case: 1:11-cv-00103-GHD-DAS Doc #: 349 Filed: 01/15/14 1 of 3 PageID #: 6719
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF MISSISSIPPI ABERDEEN DIVISION KMART CORPORATION, Plaintiff CIV. ACT. NO. 1:11-CV-103-GHD-DAS versus THE KROGER CO., et al. Defendants MOTION TO AMEND OR ALTER JUDGMENT Plaintiff, Kmart Corporation, submits this motion to amend or alter this Court’s December 18, 2013 Judgment denying Kmart’s motions for leave to file the amended reports of its hydrological engineering expert, John R. Krewson. A request to alter or amend a judgment pursuant to Federal Rule of Civil Procedure 59(e) may be granted under the following circumstances: (1) to correct manifest errors of law or fact upon which judgment is based; (2) the availability of new evidence; (3) the need to prevent manifest injustice; or (4) an intervening change in controlling law.1 Here, Kmart asks this Court to reconsider its Judgment and alter or amend the Judgment to correct manifest errors of fact upon which the Judgment is based and to prevent the manifest injustice that will occur if Kmart is not permitted to present Mr. Krewson’s Amended Report to the jury. In support of its Motion, Kmart submits the following exhibits: •
Exhibit “A” - Excerpts to Deposition of John R. Krewson;
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Exhibit “B” - Declaration of John R. Krewson;
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Exhibit “C” - John R. Krewson’s Amended Flooding Evaluation, dated July 23,
1
See Shelter Ins. Co. v. Mercedes Benz, USA, 2006 WL 1601770, *1 (N.D. Miss. June 8, 2006) (citing In re Self, 172 F. Supp. 2d 813, 816 (W.D. La. 2001)).