John Varhol v. National Railroad Passenger Corporation, D/B/A Amtrak

FLAUM, Circuit Judge,

joined by BAUER, Chief Judge, WOOD, Jr., CUDAHY, RIPPLE and KANNE, Circuit Judges, concurring.

John Varhol won a jury verdict against Amtrak for $237. Immediately after the court discharged the jury, counsel for Va-rhol informed the district judge that he wished to file a post-trial motion for a new trial. With no objection from Amtrak, the court gave him 21 days. The next day, the court entered the jury verdict. On the twenty-first day, Varhol filed a motion for a new trial in accordance with the court’s order.

In its reply, Amtrak responded with Rules 59(b) and 6(b). Rule…