United States District Court, S.D. Indiana, New Albany Division
C. WAYNE MORGAN, Plaintiff,
BUREAU OF INDIAN AFFAIRS, FEDERAL GOVERNMENT, Defendants.
ORDER DENYING MOTION TO CHANGE
MOTION TO REMOVE AND ADD PLAINTIFFS, DENYING
MOTION TO AMEND/CORRECT COMPLAINT, AND
DENYING MOTION AS A MATTER OF LAW
EVANS BARKER, JUDGE UNITED STATES DISTRICT COURT
Motion to Change Venue/Jurisdiction/Reconsideration
pending before the Court is a non-party “motion to
change venue/jurisdiction/reconsideration” filed by
“David Morgan and or Eric Lucas” (Mr. Morgan).
Dkt. No. 9.
Mr. Morgan first attempts to replace the original Plaintiff,
C. Wayne Morgan, with eight other individuals as plaintiffs
in the lawsuit. This is inappropriate. An individual who
wishes to be a plaintiff in a lawsuit must file a complaint
on his own behalf.
Mr. Morgan requests that the Court change venue or
jurisdiction to the Southern District of Indiana because he
is dissatisfied by the result he obtained in the U.S.
District Court for the District of Oklahoma. See Id.
at 2. In relation to proper venue, 28 U.S.C. § 1391(a)
provides that “[a] civil action may be brought in--
(1) a judicial district in which any
defendant resides, if all defendants are residents of the
State in which the district is located;
(2) a judicial district in which a
substantial part of the events or omissions giving rise to
the claim occurred, or a substantial part of property that is
the subject of the action is situated; or
(3) if there is no district in which an
action may otherwise be brought as provided in this section,
any judicial district in which any defendant is subject to
the court's personal jurisdiction with respect to such
Another statute, 28 U.S.C. § 1404, provides: “For
the convenience of parties and witnesses, in the interest of
justice, a district court may transfer any civil action to
any other district or division where it might have been
brought.” The Southern District of Indiana is not a
district in which this action could have been brought.
action was dismissed for lack of jurisdiction on May 9, 2018.
Although titled as a motion for reconsideration, Mr. Morgan
fails to actually request reconsideration of that Order.
Nonetheless, the Court will consider the motion to have
properly requested reconsideration of its May 9, 2018, Order.
receive relief under Rule 59(e) of the Federal Rules of
Civil Procedure, the moving party “must clearly
establish (1) that the court committed a manifest error of
law or fact, or (2) that newly discovered evidence precluded
entry of judgment.” Edgewood Manor Apartment Homes,
LLC v. RSUI Indem. Co., 733 F.3d 761, 770 (7th Cir.
2013) (internal quotation omitted). A “manifest
error” means “the district court commits a
wholesale disregard, misapplication, or failure to recognize
controlling precedent.” Stragapede v. City of
Evanston, Illinois, 865 F.3d 861, 868 (7th Cir. 2017)
(internal quotation omitted). “A manifest error is not
demonstrated by the disappointment of the losing
party.” Oto v. Metropolitan Life Ins. Co., 224
F.3d 601, 606 (7th Cir. 2000) (internal quotations omitted).
Newly discovered evidence is that which the movant must
demonstrate it did not know and could not reasonably have
discovered with reasonable diligence until after the judgment
was rendered. Caisse Nationale de Credit v. CBI
Industries, 90 F.3d 1264, 1269 (7th Cir. 1996). Relief
through a Rule 59(e) motion for reconsideration is an
“extraordinary remed[y] reserved for the exceptional
case.” Foster v. DeLuca, 545 F.3d 582, 584
(7th Cir. 2008).
Morgan fails to demonstrate that the Court committed a
manifest error of law or fact or present any newly discovered
evidence. Accordingly, Mr. Morgan's “motion to
change venue/jurisdiction/reconsideration, ” Dkt. No.
9, is denied.
Motion to Remove and Add Plaintiffs
Morgan also filed a motion to remove and add plaintiffs,
requesting that “C. Wayne Morgan” and
“Robert Teel” be removed from the case and that
other individuals be added as plaintiffs to the case. This is
not the appropriate procedure, particularly where the action
was already closed on May 9, 2018. An individual who wishes
to be a plaintiff in a lawsuit must file a complaint on his
own behalf or have an attorney do so on his ...