Opinions of the United
2002 Decisions States Court of Appeals
for the Third Circuit
11-27-2002
Brunwasser v. Johns
Precedential or Non-Precedential: Non-Precedential
Docket No. 02-1983
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Recommended Citation
"Brunwasser v. Johns" (2002). 2002 Decisions. Paper 778.
http://digitalcommons.law.villanova.edu/thirdcircuit_2002/778
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NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 02-1983
ALLEN N. BRUNWASSER, individually, and as a
REPRESENTATIVE OF A CLASS,
Appellant
v.
CHARLES W. JOHNS, PROTHONOTARY OF THE
SUPREME COURT OF PENNSYLVANIA
Appeal from the United States District Court
for the Western District of Pennsylvania
(D.C. Civil Action No. 01-cv-01255)
District Judge: Honorable Robert J. Cindrich
Submitted Under Third Circuit LAR 34.1(a)
November 21, 2002
Before: BARRY and AMBRO, Circuit Judges
DOWD*, District Judge
(Opinion filed November 27, 2002)
OPINION
*Honorable David D. Dowd, Jr., United States District Judge for the Northern District of Ohio,
sitting by designation.
AMBRO, Circuit Judge:
For essentially the reasons set forth in Magistrate Judge Caiazza’s comprehensive and well-
reasoned Report and Recommendation dated January 10, 2001, we affirm the District Court’s decision
to dismiss Brunwasser’s class action for lack of standing.
We affirm the District Court’s decision to deny Brunwasser’s Rule 59(e) Motion because he
failed to make the requisite showing. A judgment may be altered or amended if the party seeking
reconsideration shows one of the following grounds: (1) an intervening change in the controlling law; (2)
the availablility of new evidence not available when the court dismissed the case; or (3) the need to
correct a clear error of law or fact or to prevent manifest injustice. Max’s Seafood Cafe v. Quinteros,
176 F.3d 669, 677 (3d Cir. 1999). Because Brunwasser failed to demonstrate the existence of any of
these grounds, the District Court correctly denied Brunwasser’s request.
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TO THE CLERK:
Please file the foregoing Opinion.
By the Court,
/s/ Thomas L. Ambro
Circuit Judge
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