Cornelio v. Intel Corporation

Filing 66

ORDER denying 63 Plaintiff's Motion to Set Aside Judgment. Defendant is excused from responding to any further post-judgment filings by Plaintiff unless ordered to do so by the Court. Signed by Senior Judge James A Teilborg on 03-03-16.(GAR)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Joao Cornelio,

No. CV-08-00538-PHX-JAT
Plaintiff,

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v.

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ORDER

Intel Corporation,

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Defendant.

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Pending before the Court is Plaintiff Joao Cornelio’s October 14, 2015, motion to

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set aside the judgment1 pursuant to Federal Rule of Civil Procedure 60(b)(3). (Doc. 63).

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Plaintiff argues that the judgment entered “is based on a fraud perpetrated against this

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Court and [Plaintiff] by the Defendant Intel Corporation.” (Id. at 1).

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The Court notes that this is not Plaintiff’s first motion to set aside the judgment.

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On October 18, 2012, Plaintiff moved to set aside the judgment pursuant to Fed. R. Civ.

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P. 60(b)(2). (Doc. 48). The Court denied Plaintiff’s motion, explaining that a Rule 60

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motion must be filed “no more than a year after the entry of judgment or order or the date

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of the proceeding.” (Doc. 58 at 2 (quoting Rule 60(c)(1))). Because Plaintiff “filed his

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motion . . . over three years after the entry of judgment in this case,” the Court lacked

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“jurisdiction to consider [the motion],” and denied it accordingly (Id.).

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“[A] district court lacks jurisdiction to consider an untimely motion to vacate a

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judgment.” Burton v. Spokane Police Dep’t, 517 F. App’x 554, 555 (9th Cir. 2013)

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Judgment in this case was entered against Plaintiff on July 10, 2009. (Doc. 44).

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(citing Nevitt v. United States, 886 F.2d 1187, 1188 (9th Cir. 1989)). Plaintiff filed the

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most recent motion to set aside the judgment well over six years after entry of judgment.

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Plaintiff’s motion is plainly untimely under the Federal Rules of Civil Procedure. The

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Court lacks jurisdiction to consider the motion and must deny it.

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Defendant, citing multiple instances of Plaintiff seeking untimely relief,

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“respectfully requests that the Court issue an Order excusing it from the obligation to

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respond to any post-judgment filings by . . . [P]laintiff unless the Court directs it to

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respond.” (Doc. 64 at 2). The Court concurs. Accordingly, Defendant is excused from

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responding to any further post-judgment filings by Plaintiff unless directed to respond by

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the Court. Lack of response by Defendant thus will not be read as non-compliance under

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L.R.Civ.P. 7.2(i).

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For the aforementioned reasons,

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IT IS ORDERED that Plaintiff’s motion to set aside the judgment, (Doc. 63), is

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hereby DENIED.
IT IS FURTHER ORDERED that Defendant is excused from responding to any
further post-judgment filings by Plaintiff unless ordered to do so by the Court.
Dated this 3rd day of March, 2016.

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