Lindsey Cheek v. Convex Insurance UK Ltd.

Summary

The United States District Court for the Eastern District of Louisiana denied Lindsey Cheek’s motions under Federal Rules of Civil Procedure 59(e) and 60(b) seeking reconsideration and vacatur of summary judgment for Convex Insurance UK Ltd. The court held that Cheek had not shown a manifest error, newly unavailable evidence, or excusable neglect, and that the additional evidence she submitted could have been presented before summary judgment.

Holdings

1. Reconsideration under Rule 59(e) is denied because plaintiff did not demonstrate an intervening change in law, newly discovered evidence, or a manifest error of law or fact.
2. Relief under Rule 60(b)(1) is denied because plaintiff's failure to respond to summary judgment or request an extension constitutes gross carelessness, not excusable neglect.
3. Relief under Rule 60(b)(6) is denied because plaintiff's claim falls within Rule 60(b)(1) and she failed to allege a separate basis or show extraordinary circumstances.

Questions Presented

1. Whether the court should reconsider its grant of summary judgment under Rule 59(e)
2. Whether the court should relieve plaintiff from judgment under Rule 60(b)(1) for excusable neglect
3. Whether the court should relieve plaintiff from judgment under Rule 60(b)(6)

Disposition

other