John D. Pollock v. American Endowment Foundation

Summary

The United States District Court for the Eastern District of Texas denied John D. Pollock’s motion under Federal Rules of Civil Procedure 59(e) and 60(b) to reconsider, vacate, or amend the judgment dismissing his claims with prejudice. The court also vacated and rescinded its prior order granting leave to file a third amended complaint, concluding that the post-judgment amendment was improperly granted and that Pollock had not shown grounds for relief under Rules 59(e), 60(b), or 60(a).

Holdings

1. A post-judgment request to amend must satisfy the applicable Rule 15(a) considerations through Rule 59(e), and Plaintiff's undue delay, presentation of theories seriatim, and failure to identify a manifest error or previously unavailable facts justified denial of relief.
2. Plaintiff was not entitled to relief under Rule 60(b)(1) or Rule 60(b)(6) because he identified no qualifying mistake warranting relief and no extraordinary circumstances independent of the grounds covered by Rule 60(b)(1).
3. The court could vacate and rescind its prior order granting leave to amend because the order resulted from a clerical mistake or oversight concerning Defendant's opposition and would not have been entered had the court known the motion was opposed.

Questions Presented

1. Whether Plaintiff was entitled under Rule 59(e) to reopen the final judgment and obtain leave to file a third amended complaint.
2. Whether Plaintiff was entitled to relief from the final judgment under Rule 60(b)(1) or Rule 60(b)(6).
3. Whether the court could vacate and rescind its prior order granting leave to amend under Rule 60(a) because that order resulted from a clerical mistake or judicial oversight concerning the absence of opposition.

Disposition

other