Weimer v. Google Inc. et al

Filing 55

ORDER denying 53 Rule 60 Motion. Signed by Judge Dana L. Christensen on 11/29/2018. (NOS)

FILED
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
MISSOULA DIVISION

N V2 9 2018
O
Clerk, U.S Courts
District Of Montana
Missoula Division

ANTHONY WEIMER,
CV 18-78- M-DLC-JCL
Plaintiff,
ORDER

vs.
GOOGLE INC.; MICROSOFT
CORPORATION; FEDERAL
COMMUNICATION COMMISSION:
U.S. DEPARTMENT OF JUSTICE,
Defendants.

Before the Court is Plaintiff Anthony Weimer's Motion Pursuant to Rule 60.
(Doc. 53.) Weimer asks the Court to reconsider its Order of October 24, 2018,
granting the Defendants' motions to dismiss (Doc. 51 ).
Federal Rule of Civil Procedure 60(b) authorizes the Court to relieve a party
from a final judgment for various reasons, including "any ... reason that justifies
relief." Weimer advances three potential reasons to grant the motion: (1) the Court
made a mistake; (2) the judgment is void; and (3) fraud upon the court was
committed. None of these reasons is sufficient. The Court did not make a mistake
in concluding that none of the Defendants may be held liable for obscene content
published by third parties. (See Doc. 51at2-3.) Weimer's argument that the

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judgment is void simply rehashes his earlier arguments against sovereign immunity
for the government, and as the Court previously explained, those arguments fail.

(See Doc. 51 at 2.) Finally, the Court cannot agree that the Court committed fraud
upon itself by deciding this matter as without the assistance of two other Article III
judges, as this case does not demand hearing by a three-judge panel.
Accordingly, IT IS ORDERED that Weimer's Rule 60 motion (Doc. 53) is
DENIED.
DATED this

2'IJ&.day ofNovember, 2018.

Dana L. Christensen, Chief Judge
United States District Court

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