JAMES C. DEVER, III District Judge.
On September 14, 2009, Rex T. Gilbert, Jr., and Daniela L. Gilbert ("plaintiffs" or "Gilberts") filed suit in Hyde County Superior Court against Deutsche Bank Trust Company Americas ("Deutsche"), Residential Funding, LLC ("Residential Funding"), GMAC Mortgage, LLC ("GMAC"), and David A. Simpson, P.C. ("Simpson") (collectively "defendants"), seeking to rescind their mortgage loan [D.E. 1-1]. Defendants removed the action to this court [D.E. 1] and moved to dismiss the Gilberts' complaint for failure to state a claim upon which relief can be granted [D.E.6]. The court granted the motion to dismiss and enteredjudgment in favor of the defendants [D.E. 32, 33]. The Gilberts subsequently filed a motion for relief pursuant to Rule 59
The court dismissed Gilberts' complaint for failure to state a claim upon which relief may be granted. There was no trial in this case. Therefore the Gilberts' request for a "new trial" is denied.
The Gilberts also ask the court to alter or amend the judgment pursuant to Rule 59( e). The court has considered the motion for relief under the governing standard.
The Gilberts' motion does not meet the standard for relief under Rule 59( e). Accordingly, plaintiffs' motion for reconsideration [D.E. 34] is DENIED.