(PS) Murphy, Esq. v. LMC Construction

Filing 12

ORDER signed by Chief District Judge Kimberly J. Mueller on 10/13/2020 DENYING 11 Motion for Reconsideration, construed as a request for relief under Federal Rule of Civil Procedure 60(b). Any motions for reconsideration or relief on similar grounds will be disregarded. (Huang, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SHANNON O. MURPHY, SR.,

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Plaintiff,

No. 2:20-cv-00754-KJM-AC
ORDER

v.
LMC CONSTRUCTION,
Defendant.

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The court is in receipt of plaintiff Shannon Moon’s Motion for Reconsideration.

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ECF No. 11. The court construes the motion as a request for relief under Federal Rule of Civil

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Procedure 60(b). Under that Rule, the court may relieve a party or its legal representative from a

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final judgment, order or proceeding for the following reasons:

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(1) mistake, inadvertence, surprise, or excusable neglect;

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(2) newly discovered evidence that, with reasonable diligence, could
not have been discovered in time to move for a new trial under Rule
59(b);

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(3) fraud (whether previously called intrinsic or extrinsic),
misrepresentation, or misconduct by an opposing party;
(4) the judgment is void;

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(5) the judgment has been satisfied, released, or discharged; it is
based on an earlier judgment that has been reversed or vacated; or
applying it prospectively is no longer equitable; or

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(6) any other reason that justifies relief.

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Fed. R. Civ. P. 60(b). The motion for reconsideration does not satisfy this standard. It is therefore

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denied. Any motions for reconsideration or relief on similar grounds will be disregarded.

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IT IS SO ORDERED.
DATED: October 13, 2020.

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