Brown v. PeaceHealth St Joseph's Hospital et al

Filing 44

ORDER denying Plaintiff's 34 Motion for Relief from a Judgment under FRCP 60 signed by U.S. District Judge John C Coughenour. (TH)

THE HONORABLE JOHN C. COUGHENOUR

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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ROBERT FINBAR BROWN,

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Plaintiff,

CASE NO. C16-0626-JCC
ORDER

v.
PEACEHEALTH ST. JOSEPH HOSPITAL, et
al.,

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Defendants.

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This matter comes before the Court on Plaintiff’s motion for relief from a final judgment

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(Dkt. No. 34). Having thoroughly considered the parties’ briefing and the relevant record, the

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Court hereby DENIES the motion for the reasons explained herein.

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The facts of this case have been detailed in a previous order and the Court will not repeat

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them here. (See Dkt. No. 24.) On August 25, 2016, the Court dismissed Plaintiff’s claims with

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prejudice and entered judgment against Plaintiff. (Dkt. Nos. 24, 25.) The Court’s dismissal was

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affirmed by the Ninth Circuit. (Dkt. No. 33.) On February 5, 2019, Plaintiff filed a motion for

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relief from a final judgment, pursuant to Federal Rule of Civil Procedure 60(b). (Dkt. No. 34.)

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On February 19, 2019, Plaintiff filed another motion for relief from a final judgment, pursuant to

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Federal Rule of Civil Procedure 60(b), which is largely the same as the original motion. (Dkt.

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No. 41.)
ORDER
C16-0626-JCC
PAGE - 1

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Federal Rule of Civil Procedure 60(b) gives the Court discretion to relieve a party from a

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final judgment or order if that party moves for relief “within a reasonable time” and

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demonstrates any of six enumerated grounds for such relief. Fed. R. Civ. P. 60(b), (c).

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Construing his motion broadly, Plaintiff’s motion alleges two grounds for relief—mistake and

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fraud. (See Dkt. Nos. 34, 41.) However, Plaintiff has failed to make a timely request for relief on

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the basis of alleged mistake or fraud. Rule 60(c) specifies that the “reasonable time” during

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which a party may move for relief on the grounds of mistake or fraud is limited to one year after

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entry of the order or judgment. Fed. R. Civ. P. 60(c)(1). The Court has no discretion to extend

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that time. See Fed. R. Civ. P. 6(b)(2). Plaintiff’s motion, based on allegations of fraud and

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mistake, was filed on February 5, 2019, over two years after judgment was entered on August 25,

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2016. (See Dkt. No. 34.) Plaintiff’s motion is therefore untimely. For the foregoing reasons,

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Plaintiff’s motion for relief from a final judgment (Dkt. No. 34) is DENIED.

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DATED this 5th day of March 2019.

A

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John C. Coughenour
UNITED STATES DISTRICT JUDGE

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ORDER
C16-0626-JCC
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