Maier v. Patterson

MEMORANDUM

GILES, District Judge.

Plaintiff moves “to add damages for delay” 1 to a judgment entered thirty-one days before service of the motion.2

Defendant Patterson contends that as a motion to amend the judgment, it is untimely under Fed.R.Civ.Pro. 59(e).3 Plaintiff, citing Bullins v. City of Philadelphia, 516 F.Supp. 728 (E.D.Pa.1981), argues that Rule 59(e) does not apply. He misreads Bullins. There, plaintiff moved “to amend the judgment,” id., at 728, and the record reveals that the motion was served nine days after entry of judgment.4 Because plaintiff Maier gives no federal procedural…