Sanchez v. United Parcel Service, Inc.

Filing 164

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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