FENWICK v. UNITED STATES OF AMERICA et al

Filing 90

MEMORANDUM OPINION AND ORDER denying 89 Fenwick's motion for leave to withdraw and replace his motion for reconsideration. Fenwick shall have up to and including March 11, 2016 to file his opposition, if any, to defendants Pudimott and Fischer's motion for entry of judgment 86 . Signed by Judge Paul L. Friedman on February 29, 2016. (MA)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
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Plaintiff,
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v.
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UNITED STATES OF AMERICA, et al., )
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Defendants.
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MICHAEL FENWICK,

Civil Action No. 07-2330 (PLF)

MEMORANDUM OPINION AND ORDER
This matter is before the Court on plaintiff Michael Fenwick’s motion for leave to
withdraw and replace his motion for reconsideration [Dkt. 89]. The Court will deny the motion.

This Court’s February 3, 2016 Memorandum Opinion and Order provided
Fenwick clear guidance: he should take “all of the time that he may need to attempt to reverse
his juvenile adjudication in the District of Columbia Superior Court,” because reversing that
adjudication is a precondition for Fenwick to ask this Court to reconsider its opinion on summary
judgment — Fenwick v. United States, 926 F. Supp. 2d 201 (D.D.C. 2013) — pursuant to Rule
60(b)(5) of the Federal Rules of Civil Procedure. See MEMORANDUM OPINION AND ORDER at 23 [Dkt. 87]. Fenwick’s motion does not indicate that he has obtained such a reversal, and any
motion to reconsider under Rule 60(b)(5) therefore is premature.
The Court also notes that Fenwick sought [Dkt. 88] — and the Court granted him
— an extension of time up to and including February 22, 2016 to file an opposition to defendants
Pudimott and Fischer’s motion for entry of judgment [Dkt. 86]. Instead of filing an opposition,
Fenwick filed the instant motion for leave to withdraw and replace his motion for

reconsideration. The Court will not construe the motion for leave as an opposition to defendants
Pudimott and Fischer’s motion for entry of judgment, but will permit Fenwick a short period of
additional time to file his opposition, if any.
Accordingly, it is hereby
ORDERED that Fenwick’s motion for leave to withdraw and replace his motion for
reconsideration [Dkt. 89] is DENIED; and it is

FURTHER ORDERED that Fenwick shall have up to and including March 11,
2016 to file his opposition, if any, to Defendants Pudimott and Fischer’s motion for entry of
judgment [Dkt. 86].
SO ORDERED.

/s/_________________________
PAUL L. FRIEDMAN
United States District Judge
DATE: February 29, 2016

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