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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN

BRENEIDA GOTTSCHALK, Plaintiff, Case No. 10-C-262 -vsJP MORGAN CHASE BANK, Defendant.

DECISION AND ORDER

Pro se plaintiff Breneida Gottschalk ("Gottschalk") moves for reconsideration of the Court's dismissal of her case for improper service. Since Ms. Gottschalk's motion was filed within 28 days of the Court's order, this motion is construed as a motion to alter or amend judgment. Fed. R. Civ. P. 59(e). The only grounds for a Rule 59(e) motion are newly discovered evidence, an intervening change in the controlling law, and manifest error of law or fact. Cosgrove v. Bartolotta, 150 F.3d 729, 732 (7th Cir. 1998). "Once judgment has been entered, there is a presumption that the case is finished, and the burden is on the party who wants to upset that judgment to show the court that there is good reason to set it aside." Hecker v. Deere & Co., 556 F.3d 575, 591 (7th Cir. 2009). On October 19, the Court found that Ms. Gottschalk failed to serve the defendant with a summons as required by Rule 4(c). The Court extended the 120-day time period for service under Rule 4(m) and ordered as follows: "If Gottschalk fails to effect proper service on or before November 19, 2010, THIS MATTER WILL BE DISMISSED." Ms. Gottschalk hired

a process server, who timely attempted service on November 15. However, the materials served by the process server did not include a summons. D. 33-35. Therefore, the Court issued an order dismissing Ms. Gottschalk's complaint. The Court denied a previous motion for reconsideration 1 and eventually entered judgment on February 24. Ms. Gottschalk's latest motion is an expanded version of her previous motion. She is under the apparent impression that the reason her case was dismissed is because her original pleadings incorrectly identified the defendant as "JP Morgan Chase Bank," not Chase Home Finance LLC. Ms. Gottschalk is incorrect. It doesn't matter that the pleadings included the incorrect name. All that matters is that the defendant

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