Lucas D. Kendall, Scrap Mart Properties, LLC, and Scrap Mart LLC v. City of Valley Park, Missouri, et al.

Summary

The United States District Court for the Eastern District of Missouri denied Plaintiffs’ motion to amend an order denying leave to file a third amended complaint. The court concluded that Plaintiffs had not shown grounds for reconsideration under Federal Rules of Civil Procedure 59(e) or 60(b), and that their pleadings continued to rely on conclusory allegations concerning the alleged legal nonconforming use of a scrap-metal business.

Holdings

1. Motions for reconsideration are not expressly identified in the Federal Rules of Civil Procedure and may, depending on the circumstances, be analyzed under Rule 54(b), Rule 59(e), or Rule 60(b). Rule 59(e) applies to a judgment, while Rule 60(b) applies to a final judgment, order, or proceeding.
2. Rule 60(b) applies only to a final judgment, order, or proceeding and does not govern relief from interlocutory orders.
3. A mistake under Rule 60(b)(1) includes a judge's errors of law, but Rule 60(b) may not be used as a vehicle for simply rearguing the merits.
4. Plaintiffs were not entitled to reconsideration because they had a fair opportunity to litigate, presented no new matter sufficient to cure the deficiencies in their pleadings, and continued to rely on conclusory allegations rather than facts supporting a plausible claim.

Questions Presented

1. Whether plaintiffs were entitled to reconsideration of the order denying leave to file a third amended complaint.
2. Whether Federal Rule of Civil Procedure 59(e) or Rule 60(b) supplied a basis for relief from the Court's order.
3. Whether plaintiffs demonstrated mistake, inadvertence, or extraordinary circumstances warranting relief under Rule 60(b).

Disposition

other