David C. Lettieri v. Hostess Brands LLC

Summary

The United States District Court for the District of Kansas denied David C. Lettieri’s motion to reopen his pro se civil action against Hostess Brands LLC. Treating the untimely motion as one under Federal Rule of Civil Procedure 60(b), the court held that Plaintiff had not shown exceptional circumstances warranting relief from the prior dismissal.

Holdings

1. A motion filed more than 28 days after entry of judgment is not a timely motion to alter or amend under Rule 59(e) and may be treated as a motion for relief from judgment under Rule 60(b).
2. Plaintiff was not entitled to relief under Rule 60(b) because he failed to establish an exceptional circumstance or another recognized basis for relief from the judgment.
3. A post-judgment motion may not be used to revisit issues already decided or advance new arguments and supporting facts that were available when the original matter was presented.

Questions Presented

1. Whether Plaintiff's Motion to Reopen, filed more than 28 days after judgment, should be treated as a motion for relief from judgment under Federal Rule of Civil Procedure 60(b).
2. Whether Plaintiff demonstrated grounds for extraordinary relief under Rule 60(b) by asserting that the court committed an error of law and should have applied New York state law.
3. Whether Plaintiff could use a post-judgment motion to revisit issues previously addressed or raise arguments that were available when the original matter was litigated.

Disposition

other