Hunter v. Sacramento County

Hunter · United States District Court for the Eastern District of California · May 27, 2025 · No. 2:22-cv-01520-DJC-JDP

Summary

The United States District Court for the Eastern District of California denied Plaintiff Brandon Eugene Hunter’s motions for relief from judgment or order under Federal Rule of Civil Procedure 60. The court held that Plaintiff’s reported health conditions and allegations of misconduct did not establish excusable neglect, fraud, misrepresentation, or misconduct warranting reconsideration. The action remains closed, and the court directed that no further filings be accepted in the closed case.

Holdings

  1. Plaintiff was not entitled to reconsideration because his asserted physical and mental-health difficulties and general distress did not establish excusable neglect under the Pioneer factors.
  2. Plaintiff was not entitled to reconsideration based on alleged misconduct because his unsupported accusations against Defendants and defense counsel did not establish misconduct by an opposing party.
  3. Plaintiff's subsequent motions were not a proper basis for reconsideration because the asserted information and arguments were available when he filed his initial motion for reconsideration.

Questions Presented

  1. Whether Plaintiff was entitled to relief under Federal Rule of Civil Procedure 60(b)(1) based on excusable neglect for failing to respond to filings and court orders and failing to appear at a deposition.
  2. Whether Plaintiff was entitled to relief under Rule 60(b)(3) based on alleged misconduct by opposing counsel or other opposing-party misconduct.
  3. Whether Plaintiff's successive motions presented newly available grounds that could properly support reconsideration of the prior orders.

Disposition

other

Cases Cited (4)

  • Marlyn Nutraceuticals, Inc. v. Mucos Pharma GmbH & Co., 571 F.3d 873, 880 (9th Cir. 2009)(followed)
  • Pioneer Investment Services Co. v. Brunswick Associates Limited Partnership, 507 U.S. 380 (1993)(followed)
  • Briones v. Riviera Hotel & Casino, 116 F.3d 379, 381-82 (9th Cir. 1997)(followed)
  • Allah v. Rutledge, No. EDCV171748JAKRAO, 2020 WL 8410446, at *4 (C.D. Cal. Aug. 24, 2020)(followed)

Cited In (0)

No citing cases on record yet.

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