Ambrosecchia v. Alaven Pharmaceutical, LLC et al
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Relator's Motion for Relief from Court's Memorandum and Order Dated September 23, 2015 (ECF No. 64 ) is DENIED. Signed by District Judge Ronnie L. White on February 18, 2016. (BRP)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
UNITED STATES OF AMERICA
ex rel. SHARA AMBROSECCHIA,
PADDOCK LABORATORIES, LLC, and
PERRIGO COMPANY plc,
No. 4:12CV2164 RLW
MEMORANDUM AND ORDER
This matter is before the Court on Relator's Motion for Relief from Court' s
Memorandum and Order Dated September 23, 2015 (ECF No. 64). The motion is fully briefed
and ready for disposition. For the reasons discussed herein, the motion is denied.
Relator seeks relief from this Court' s Memorandum and Order dismissing Counts I-IV
with prejudice based on the False Claims Act Public Disclosure Bar and dismissing the
remaining claims without prejudice. (Mem. & Order of9/23/15 , ECF No. 63) Relator claims
that the Memorandum and Order contains misstatements of law and fact requiring Rule 60(b)
relief. Under Rule 60(b), a court may relieve a party from a final judgment for several reasons
including mistake, inadvertence, surprise, excusable neglect, newly discovered evidence, fraud,
misrepresentation, misconduct by an opposing party, inequitable prospective application, or any
other reason that justifies relief. Fed. R. Civ. P. 60(b)(l)-(3), (5)-(6). Rule 60(b) "provides for
extraordinary relief which may be granted only upon an adequate showing of exceptional
circumstances." United States v. Young, 806 F.2d 805, 806 (8th Cir. 1986). "The district court
has wide discretion in ruling on a Rule 60(b) motion . ... " Jones v. Swanson, 512 F.3d 1045,
1049 (8th Cir. 2008). Rule 60(b) "authorizes relief based on certain enumerated circumstances
(for example, fraud, changed conditions, and the like). It is not a vehicle for simple reargument
of the merits." Broadway v. Norris , 193 F.3d 987, 990 (8th Cir. 1999).
Review of Relator' s motion and memoranda in support indicates that Relator' s Rule
60(b) motion is simply an attempt to relitigate the same issues this Court has already determined.
The Relator claims that the Court's Memorandum and Order contains misstatements of law and
fact, and specifically that the Court employed the wrong standard in considering Defendants'
Rule 12(b)(6) motion to dismiss; analyzed documents outside the pleadings and failed to permit
Relator an opportunity to present documentary evidence; mistakenly relied on Conrad, which
was not substantially similar; failed to find Relator qualified as an original source; erroneously
found the public disclosure bar applied to Perrigo; erroneously applied allegations of industrywide conduct to bar claims against large industries; and failed to permit Relator to file an
amended complaint. (Relator' s Mem. in Support of Mot. for Relief p. 2, ECF No. 65)
The Court addressed these issues in its Memorandum and Order. To the extent that
Relator finds the Court' s judgment erroneous, a Rule 60(b) motion is not the proper vehicle for
raising such objections. The Eighth Circuit "has maintained consistently that ' Rule 60(b) was
not intended as a substitute for a direct appeal from an erroneous judgment. "' Spinar v. South
Dakota Bd. of Regents, 796 F.2d 1060, 1062 (8th Cir. 1986) (quoting Hartman v. Lauchli, 304
F.2d 431 , 432 (8th Cir. 1962)). Further, relief for judicial error other than for "'judicial
inadvertence"' is not available under Rule 60(b)(l). Lowry v. McDonnell Douglas Corp., 211
F.3d 457, 461 (8th Cir. 2000) (quoting Fox v. Brewer, 620 F.2d 177, 180 (8th Cir. 1980)).
Arguing that this Court "' misunderstood or misapplied the law is not grounds for relief under
Rule 60(b)(l )."' Delaterjera v. Bowersox, No. 4:12-CV-1311NAB, 2015 WL 300379, at *3
(E.D. Mo. Jan. 22, 2015) (quoting Nichols v. United States, No. 4:05-CV-626 WRW, 2006 WL
3420303 at *2 (E.D. Ark. Nov. 28, 2006)). In short, the Court finds that Relator has failed to
identify "exceptional circumstances" which would justify Rule 60(b) relief from this Court's
Memorandum and Order, and the motion will therefore be denied.
IT IS HEREBY ORDERED that Relator's Motion for Relief from Court's
Memorandum and Order Dated September 23, 2015 (ECF No. 64) is DENIED.
Dated this 18th day of February, 2016.
RONNIE L. WHITE
UNITED STATES DISTRICT JUDGE
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