Dennis Eborka v. Jaci Gustafson

Summary

The United States District Court for the District of Nebraska denied Dennis Eborka’s duplicate motions for reconsideration under Federal Rules of Civil Procedure 59(e) and 60(b). The court held that Eborka’s additional breach-of-contract allegations did not establish manifest error, newly discovered evidence, extraordinary circumstances, or another basis for relief from the prior dismissal without prejudice.

Holdings

1. Plaintiff was not entitled to relief under Rule 59(e) because he did not show a manifest error of law or fact or present qualifying newly discovered evidence, and his additional allegations could not be used to introduce new theories or arguments that could have been raised before judgment.
2. Plaintiff was not entitled to relief under Rule 60(b) because he did not establish any enumerated ground for relief, and he did not demonstrate extraordinary circumstances required for relief under Rule 60(b)(6).
3. The communication did not establish that Defendant promised to approve Plaintiff's requested grade change; it established only that she would submit the request to the advising committee for consideration.

Questions Presented

1. Whether Plaintiff established a manifest error of law or fact or newly discovered evidence warranting relief under Rule 59(e).
2. Whether Plaintiff established any ground for relief from judgment under Rule 60(b), including extraordinary circumstances under Rule 60(b)(6).
3. Whether Plaintiff's additional allegations demonstrated a contractual breach and damages sufficient to warrant reconsideration of the dismissal.

Disposition

other