Ian Wright v. Angel Quiros, et al.

Summary

The court denies Ian Wright's motion for reargument or reconsideration concerning the timeliness and treatment of his Rule 59(e) motion. The court explains that the Rule 59(e) deadline could not be extended, but permits Wright to proceed with a Rule 60(b) motion or waive it and pursue his pending appeal.

Holdings

1. A court may not extend the time for filing a Rule 59(e) motion beyond Rule 59(e)'s 28-day deadline.
2. An untimely Rule 59(e) motion may be construed as a Rule 60(b) motion where the circumstances permit, because Rule 60(b) motions are not subject to the 28-day Rule 59(e) deadline.
3. The term 'mistake' in Rule 60(b)(1) includes a judge's errors of law.

Questions Presented

1. Whether the court could extend the time for Wright to file a Rule 59(e) motion beyond the 28-day period.
2. Whether Wright's untimely Rule 59(e) motion could be treated as a Rule 60(b) motion.
3. Whether Rule 60(b)(1) permits relief from a final judgment based on a judge's substantial error of law.
4. Whether Wright's motion for reargument or reconsideration should be granted.

Disposition

dismissed