Opinion
08-03-2011
In re: ANTHONY D. MCDONALD and MARY B. MCDONALD, Debtors. ANTHONY D. MCDONALD and MARY B. MCDONALD, Plaintiffs, v. GMAC MORTGAGE, LLC, and LAW OFFICES OF DAVID J. STERN, P.A., Defendants. CASE NO: 8:11-mc-61-T-RAL
ORDER
Upon due consideration, Defendant Law Offices of David J. Stern, P.A.'s Motion for Reconsideration (Dkt. 3), which the Court construes as a Motion to Alter or Amend Judgment pursuant to Rule 59(e), is denied because it was filed more than twenty-eight (28) days after the entry of the Court's order on June 23, 2011, at docket 2, denying without prejudice the motion to withdraw the reference, despite the fact that the Supreme Court case relied on by Defendant was decided on June 23, 2011. See Davis v. Drug Enforcement Admin., 606 F. 3d 1296, 1301 (11th Cir. 2010) (holding under prior Rule 59(e) that "[a] party must file a motion to alter or amend a judgment no later than ten days [now twenty-eight days] after the judgment at issue is entered.") (citing Fed. R. Civ. P. 59(e) (2007)).
DONE AND ORDERED at Tampa, Florida, on August 3, 2011.
RICHARD A. LAZZARA
UNITED STATES DISTRICT JUDGE
COPIES FURNISHED TO:
Counsel of Record