Doc 399.

Pursuant to Rules 52(b) and 59(e) of the Utah Rules of Civil Procedure, Plaintiff digEcor, Inc. ("digEcor") moves the Court to make the following alterations and amendments:

(1) To amend the Findings of Fact and Conclusions of Law dated September 10, 2009, to include findings that digEcor paid e.Digital $80,000 for batteries e.Digital never shipped to digEcor and to include a conclusion that digEcor is entitled to a return of the full purchase price; and

(2) To alter the Judgment issued on September 14, 2009 to include an award to digEcor of the $80,000 purchase price.

The grounds for this motion are that Defendant e.Digital did not dispute that it owes digEcor the $80,000 purchase price and this Court ruled in its March 13, 2009 Order and Memorandum Decision that digEcor was entitled to a return of the purchase price. This motion is supported by the accompanying memorandum.

DATED this 25th day of September, 2009.