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In re Universal Trading & Investment Co.

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


July 23, 2008

IN RE UNIVERSAL TRADING & INVESTMENT CO.,

The opinion of the court was delivered by: Charles R. Breyer United States District Judge

ORDER DENYING MOTION TO ALTER JUDGMENT

Universal Trading & Investment Co. ("UTICo") moves to alter the Court's summary judgment ruling pursuant to Federal Rule of Civil Procedure 54(b), arguing that the Court should revise its entry of partial judgment because of newly-discovered evidence. The motion is based on the faulty premise that the Court's summary judgment order was only partial. To the contrary, the Court's summary judgment order resolved all issues raised in UTICo's Application for Writ of Execution.

UTICo may proceed in a number of ways, including by filing a motion under Rule 60 or a complaint in a newly-filed action. But because a final judgment has already been entered in this case, Rule 54(b) is of no avail. See Local Rule 7-9(a) (providing that a party may seek leave to file a motion for reconsideration "[b]efore the entry of a judgment adjudicating all of the claims and the rights and liabilities of all the parties in a case") (emphasis added). Accordingly, the motion to alter the Court's summary judgment ruling is DENIED.

IT IS SO ORDERED.

20080723

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