Now before the court is digEcor’s motion to alter or amend its findings and conclusions and judgment (Dkt. No. 400). digEcor moves the court to include in its Findings of Fact and Conclusions of Law (Dkt. No. 397) a finding and order that e.Digital owes $80,000 to digEcor for batteries. digEcor further seeks an amendment of the clerk’s judgment (Dkt. No. 398) to include an $80,000 judgment in digEcor’s favor. This motion is GRANTED in part and DENIED in part.

Turning to the Findings of Fact and Conclusions of Law, digEcor itself points out that the court decided that e.Digital owed digEcor for the batteries at summary judgment, which obviously happened before trial. (See Dkt.No. 324 at 19.) Accordingly, payment for the batteries was not at issue in the trial and it would be inappropriate to address that topic in the order disposing of the unresolved issues at trial.

On the other hand, the court agrees that the clerk’s judgment (Dkt. No. 398) does not properly reflect the court’s ruling on summary judgment. Therefore, the Clerk is hereby ORDERED to ALTER that judgment to reflect the court’s award at summary judgment of $80,000 in favor of digEcor and against e.Digital.

SO ORDERED this 15th day of October, 2009.

BY THE COURT: