Mayes v. Amazon et al

Filing 106

ORDER denying Plaintiff's 102 Motion for Relief from Judgment. Signed by Judge Marsha J. Pechman. (PM)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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MARK MAYES,

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ORDER DENYING PLAINTIFF’S
MOTION FOR RELIEF FROM
FINAL JUDGMENT

Plaintiff,

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CASE NO. C18-176 MJP

v.
AMAZON.COM.DEDC LLC,
Defendant.

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THIS MATTER comes before the Court on Plaintiff’s Motion to Amend Judgment (Dkt.

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No. 102). Having reviewed the Motion, the Response (Dkt. No. 103), the Reply (Dkt. No. 104),

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and all related papers, the Court DENIES Plaintiff’s Motion.

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Background
On February 5, 2018 Plaintiff, Mark Mayes brought claims against his former employer,

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Defendant Amazon.com.dedc LLC (“Amazon”), for race-based discrimination and retaliation.

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(Dkt. No. 1, Ex. 1.) On June 4, 2019, finding that Mr. Mayes lacked the evidence to support his

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claims, the Court granted Amazon’s Motion for Summary Judgment and entered judgment in

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ORDER DENYING PLAINTIFF’S MOTION FOR RELIEF FROM FINAL JUDGMENT - 1

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favor of Amazon. (Dkt. Nos. 85, 86.) The Ninth Circuit affirmed the judgment, finding that Mr.

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Mayes’ appeal was frivolous, and dismissing his claims. (Dkt. No. 105.) Mr. Mayes now brings

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a Motion for Relief from a Final Judgment under Federal Rule of Civil Procedure 60(b)(3), based

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on his allegations that Amazon committed fraud by failing to retain electronically stored

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information after Mr. Mayes filed a complaint with the Equal Employment Opportunity

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Commission. (Dkt. No. 104 at 1.) Specifically, Mr. Mayes contends that Amazon failed to

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retain video footage from the fulfillment center where he worked, which he alleges would have

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shown a number of the racist and retaliatory incidents at the heart of his lawsuit. (Dkt. No. 104

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at 2-3.)

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Mr. Mayes previously raised this discovery argument in a Motion to Compel (Dkt. No.

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50), Cross Motion for Summary Judgment (Dkt. No. 71), and Motion for Reconsideration (Dkt.

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No. 91). In the Court’s Order denying Mr. Mayes’ Motion for Reconsideration, the Court noted:

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“Plaintiff’s Motion for Summary Judgment dealt exclusively with discovery issues that were

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previously decided by the Court.” (Dkt. No. 71 at 2.) Mr. Mayes also raised this issue in several

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other filings with this Court (Dkt. Nos. 92-95), and on appeal to the Ninth Circuit (Briefs for

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Appellant, Dkt. Nos. 23, 24, 25, 27, 28, 29, 30, and 32, Mayes v. Amazon.com.dedc LLC, No.

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19-35494 (9th Cir. 2020)).

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Discussion

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Under Rule 60(b)(3) the Court may relieve a party from a final judgment for fraud,

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misrepresentation, or misconduct by an opposing party. “To prevail, the moving party must

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prove by clear and convincing evidence that the verdict was obtained through fraud,

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misrepresentation, or other misconduct and the conduct complained of prevented the losing party

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ORDER DENYING PLAINTIFF’S MOTION FOR RELIEF FROM FINAL JUDGMENT - 2

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from fully and fairly presenting the defense.” De Saracho v. Custom Food Mach., Inc., 206 F.3d

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874, 880 (9th Cir. 2000).

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Mr. Mayes has not met this standard. He presents no evidence that Amazon failed to

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preserve crucial evidence in his case, or that the evidence in fact exists. Instead, his Motion and

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Reply consist entirely of allegations and argument without particularized facts demonstrating any

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misconduct. (Dkt. Nos. 102, 104.) Further, because Mr. Mayes has previously briefed this issue

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fifteen times, the Court finds that he has had the opportunity to fully and fairly present his case.

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De Saracho, 206 F.3d at 880.

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Conclusion

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Mr. Mayes’ Motion for relief from Judgment (Dkt. No. 102) is therefore DENIED.

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The clerk is ordered to provide copies of this order to Plaintiff and all counsel.

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Dated February 19, 2020.

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A
Marsha J. Pechman
United States District Judge

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ORDER DENYING PLAINTIFF’S MOTION FOR RELIEF FROM FINAL JUDGMENT - 3