While Rules 59(a)-(d) by their terms apply only to cases that have been tried, Rule 59(e) is not limited by its language to judgments entered after trial. The argument misreads the Rule and disregards cases construing it. Lloyds TSB argues that Rule 59 cannot apply to the case at bar "because the text of the Rule makes it plain that it addresses motions for new trials after a trial has been completed and the amendment of judgments entered after trial." Brief at 4-5. It provides: "A motion to alter or amend a judgment must be filed no later than 10 days after the entry of the judgment." Rule 59(e) deals with a motion to alter or amend a judgment. Rule 59 is captioned: "New Trial Altering or Amending a Judgment." Rules 59(a)-59(d) deal with various aspects of a motion for a new trial. While its Notice of Motion is silent on the point, the Government's briefs show that principal reliance is placed on Federal Rule of Civil Procedure 59(e). Substantively, the Bank contends that the proposed amendment should be *328 disallowed as futile, since it would not withstand a motion to dismiss under Rule 12. Procedurally, the Bank contends that the Rules do not afford the Government a remedy and its only recourse is a direct appeal from this Court's opinion and order in Lloyds TSB I. The Bank opposes the motion on procedural and substantive grounds. The Government's Notice of Motion does not specify the Rule or Rules of Federal Procedure upon which it is based. The Government now moves the Court "for an order amending its judgment of Madismissing the Plaintiffs Complaint against Lloyds TSB Bank pic without prejudice in order to grant the Plaintiff leave to file the Proposed Amended Complaint, attached hereto as Exhibit A." Notice of Motion dated April 14, 2009. The Clerk entered judgment dismissing the OC without prejudice. 2009) ( "Lloyds TSB I"), with which familiarity is assumed. The Court dismissed the Government's original Complaint ("the OC") for lack of subject matter jurisdiction, stating its reasons in an opinion reported at 639 F. Plaintiff United States of America ("the Government") sued Defendant Lloyds TSB Bank pic ("Lloyds TSB" or "the Bank") to impose a civil penalty upon the Bank pursuant to the Money Laundering Control Act of 1986 as amended ("the MLCA"), 18 U.S.C. Marc Joel Gottridge, Lovells, LLP, New York, NY, for Defendant. Attorney's Office, New York, NY, for Plaintiff. ![]() 2d 326 (2009) United States of America, Plaintiff,
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