Sanchez v. United Parcel Service, Inc.
Filing
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ORDER denying 158 Motion to Set Aside Judgment; granting 163 Motion to Correct the Record. The Clerk shall correct the record to show a Transcript Order on July 17, 2013. (See document for further details). Signed by Judge David G Campbell on 9/24/13. (LAD)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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Plaintiff,
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No. CV10-01586-PHX-DGC
Mark Sanchez,
ORDER
v.
United Parcel Service, Inc., et al.,
Defendants.
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Pursuant to Rule 60 of the Federal Rules of Civil Procedure, Plaintiff Mark
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Sanchez moves to set aside the judgment entered against him on May 24, 2013.
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Doc. 158.
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Plaintiff also moves to have the record corrected, alleging that the Clerk’s Office failed to
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file his transcript order on time, thus making it appear he had not complied with the Time
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Schedule Order filed by the Ninth Circuit. Defendant UPS filed no response to this
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motion. For the reasons that follow, the Court will deny Plaintiff’s motion to set aside
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the judgment and grant his motion to correct the record.
The motion is fully briefed, and oral argument has not been requested.
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Plaintiff claims in this case that Defendant violated the Americans with
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Disabilities Act by refusing to allow him to resume work as a feeder driver after a period
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of disability. Doc. 1 at 1-4. Following trial, the jury returned a verdict in favor of
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Defendant. Doc. 139.
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Plaintiff has filed a notice of appeal. Doc. 152. As a result, the Court has three
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options: it may (1) defer considering the Plaintiff’s Rule 60 motion, (2) deny the motion,
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or (3) state either that it would grant the motion if the Court of Appeals remands for that
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purpose or that the motion raises a substantial issue. Fed. R. Civ. P. 62.1(a). The Court
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will deny the motion.
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A judgment may be set aside under Rule 60(b) for the following reasons:
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(1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence
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that was previously unavailable; (3) fraud, misrepresentation, or misconduct of an
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opposing party; (4) when the judgment is void; (5) when the judgment has been satisfied,
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released, discharged, or was based on an earlier judgment that has been reversed or
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vacated, or would be inequitable if applied prospectively; or (6) any other reason that
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justifies relief. Fed. R. Civ. P. 60(b). A motion to reconsider or set aside the judgment
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may not be used to relitigate old matters or to raise arguments or present evidence that
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could have been raised prior to entry of judgment. See Exxon Shipping Co. v. Baker, 554
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U.S. 471, 485 (2008).
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Plaintiff argues that Defendant committed fraud on the Court during the trial, and
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therefore appears to make his motion under Rule 60(b)(3). Plaintiffs generally must
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prove fraud on a court by clear and convincing evidence, and must also show that the
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fraud prevented them from fully and fairly presenting their case. See U.S. v. Estate of
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Stonehill, 660 F.3d 415, 443-44 (9th Cir. 2011). Plaintiff alleges that opposing counsel
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misstated the nature of another lawsuit against Defendant outside the hearing of the jury,
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and that this misstatement somehow affected the opening statement made by defense
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counsel during trial.
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statements were false or misleading, that they have been shown to be fraudulent by clear
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and convincing evidence, or that they had any effect on the trial. The statements provide
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no basis for relief under Rule 60(b).
Doc. 158 at 3.
The Court cannot conclude that the alleged
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Plaintiff also argues that admission of certain evidence violated Federal Rule of
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Evidence 408. He claims that Defendant should not have been permitted to present
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evidence regarding Plaintiff’s previous medical examinations. Doc. 158 at 4. Plaintiff
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provides no explanation as to why this issue could not have been raised during trial, nor
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has he cited authority to show that such an evidentiary error, if it occurred, provides a
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basis for setting aside a judgment under Rule 60(b). The alleged Rule 408 violation
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therefore provides no basis for relief under Rule 60(b).
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IT IS ORDERED:
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1.
Plaintiff’s motion to set aside judgment (Doc. 158) is denied.
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2.
Plaintiff’s motion to correct the record (Doc. 163) is granted. The Clerk
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shall correct the record to show a Transcript Order on July 17, 2013.
Dated this 24th day of September, 2013.
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