Evans v. McDaniels et al

Filing 89

ORDER DENYING 86 Motion to Reopen Case. Signed by Judge Larry R. Hicks on 6/25/2013. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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*****

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TODD EVANS,

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Plaintiff,

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vs.

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E.K. McDANIEL, et al.,

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Defendants.

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) 3:09-cv-00319-LRH-VPC
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) ORDER
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Before the court is Plaintiff Todd Evans’s (“Plaintiff”) Motion to Vacate Settlement and

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Reopen Case (#861). Defendants E.K. McDaniel, Terrell Bishop, Carol Milner, and Walter

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Romero (collectively “Defendants”) have opposed Plaintiff’s Motion (#88).

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After filing suit against Defendants for various claims of constitutional rights violations,

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the case was dismissed on August 17, 2011, because Plaintiff and Defendants had reached a

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settlement agreement (#85). On March 21, 2013, more than a year and a half later, Plaintiff filed

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this instant Motion to Vacate Settlement, claiming the correctional officers coerced him into

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agreeing to the settlement. Plaintiff alleges the officers tried to use other inmates to attack him

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and alleges the officers would observe him to determine how and when to tamper with his legal

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paperwork.

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“[T]he court may relieve a party or its legal representative from a final judgment, order,

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or proceeding” for several reasons, including fraud, misrepresentation, misconduct by an

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opposing party, or any other reason that justifies relief. Fed. R. Civ. P. 60(b)(3) and (6). While a

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Refers to the court’s docket entry number.

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Rule 60(b)(6) motion for relief from final judgment must simply be made within a reasonable

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time, a Rule 60(b)(3) motion must be made within a year of entry of the judgment. Fed. R. Civ.

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P. 60(c)(1).

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Here, Plaintiff claims to bring his motion under Rule 60(b)(6). However, his motion

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alleges certain coercive acts by Defendants’ agents and is more appropriately classified under

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Rule 60(b)(3)’s “misconduct by an opposing party.” Thus, Plaintiff had only one year from the

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court’s final entry of judgment to file his motion. Because his motion was filed over nineteen

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months after the court’s entry of judgment, Plaintiff’s motion is untimely and shall be denied.

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IT IS THEREFORE ORDERED that Plaintiff Todd Evans’s Motion to Vacate Settlement

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and Reopen Case (#86) is DENIED.

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IT IS SO ORDERED.

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DATED this 25th day of June, 2013.

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_______________________________
LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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