United States of America v. 1988 BMW, VIN #WBAGC8311J2767674, et al.

Filing 28

ENTRY AND ORDER DENYING PETITIONER'S COMBINED MOTION FOR RETURN OF PROPERTY AND MOTION TO SET ASIDE DEFAULT JUDGMENT. DOC. 26 . Signed by Judge Thomas M Rose on 07/05/12. (pb1)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON

United States of America,
Plaintiff,
v.

Case No. 3:09-cv-436
Judge Thomas M. Rose

1988 BMW, VIN #WBAGC8311J2767674, et al.,

Defendants.
______________________________________________________________________________
ENTRY AND ORDER DENYING PETITIONER’S COMBINED MOTION
FOR RETURN OF PROPERTY AND MOTION TO SET ASIDE DEFAULT
JUDGMENT. DOC. 26.
______________________________________________________________________________

This matter is before the Court on Claimant Robert Garrett’s Motion for Return of Property
and to Set Aside Default Judgment. Garrett invokes Federal Rule of Civil Procedure Rule 60(b) as
a basis for his motion. “A motion under Rule 60(b) must be made...no more than a year after the
entry of judgment or the order date of the proceeding.” Fed. R. Civ. P. 60(c)(1).
The Court entered Default Judgment against Garrett’s claims May 3, 2010. Doc. 22. On May
10, 2010, Garrett moved the Court to set aside the default judgment. Doc. 23. This was denied June
22, 2010. Doc. 25. The case laid dormant for almost two years before Garrett filed his most recent
motion to set aside judgement. “The one-year limitation period for Rule 60(b) motions is absolute.”
Martha Graham Sch. & Dance Found., Inc. v. Martha Graham Ctr. of Contemporary Dance, Inc.,
466 F.3d 97, 100 (2d Cir. 2006) Because Garrett’s motion for reconsideration was filed more than

a year after the entry of judgment, this Court lacks jurisdiction to consider the merits of the motion.
Nevitt v. United States, 886 F.2d 1187, 1188 (9th Cir.1989).
Even if the Court had jurisdiction, it would deny the motion for the reasons stated in its
ruling on the prior motion.
DONE and ORDERED in Dayton, Ohio, this Thursday, July 5, 2012.

s/Thomas M. Rose
_____________________________________
THOMAS M. ROSE
UNITED STATES DISTRICT JUDGE

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