Postley v. General Motors et al

Filing 51

ORDER denying 29 Motion for Reconsideration re 16 Judgment. Signed by Judge Donald E Walter on 3/6/09. (crt,Alexander, E)

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MARO
e BY
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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA SHREVEPORT DWISION

KYOMI POSTLEY VERSUS GENERAL MOTORS

CIVIL ACTION NO. 08-0883 JUDGE DONALD E. WALTER MAGISTRATE MARK HORNSBY

ORDER Before this Court is a Motion to Reconsider Pursuant to Federal Rule of Civil Procedure 60(b)(6) [Record Documents 29], flIed on behalf of Plaintiff; Kyomi Postley. Defendant General Motors opposes this motion. [Record Document 31]. On September 17, 2008, the Court dismissed all of Plaintiffs claim against General Motors with prejudice because the claims were prescribed and because Plaintiff failed to comply with Federal Rules of Civil Procedure 8(a) and 10(a). Under Rule 60(b)(6) of the Federal Rule of Civil Procedure, the Court may relieve a party from a final judgment for any "reason that justifies relief" See Liljeberg v. Health Serv. Acquisition Corp., 486 U.S. 847, 863-64, 108 S.Ct. 2194, 2204-04 (1988) ("The Rule does not particularize the factors that justify relief; but
...

it

provides courts with authority `adequate to enable them to vacate judgments whenever such action is appropriate to accomplish justice...' [I]t should only be applied in `extraordinary circumstances."). Plaintiff argues relief is justified because she is under heavy medication as a result of the car accident that forms the basis of her complaint. Nevertheless, even if the Court were to find that Plaintiff's medication condition is an "extraordinary circumstance" excusing her failure to comply with Rules 8(a) and 10(a), Page 1

Plaintiffs claim prescribed two years prior to commencement of this action. Reopening the case will not "mm back time" and would only cause the parties undue expense and result in a waste of time. Accordingly, the Court finds Plaintiff has not demonstrated grounds for relief under Rule 60(b)(6). IT IS ORDERED that the foregoing motion be and is hereby DENIED. THUS DONE AND SIGNED in Shreveport, L usiana, on this
6 th

day o

arch, 2009.

D ALD E WALTER UNITED STATES DISTRICT JUDGE

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