Terrence Higgins v. John Gregory Houseman

Summary

The court denied Terrence Higgins’s motion for reconsideration of the judgment dismissing his case with prejudice. The court held that the motion was untimely under Federal Rule of Civil Procedure 59(e), did not establish grounds for relief under Rule 60(b), and could not reopen the case to enforce a settlement agreement or remove a related state-court action.

Holdings

1. Plaintiff could not obtain relief under Rule 59(e) because his motion was filed more than 28 days after entry of judgment.
2. Plaintiff failed to establish any basis for relief from judgment under Rule 60(b).
3. The court could not enforce the settlement agreement because it had neither an independent basis for federal jurisdiction nor an order incorporating the settlement or expressly retaining jurisdiction to enforce it.
4. The alleged Missouri state-court action did not justify reopening this case, and Plaintiff identified no valid basis for removal.

Questions Presented

1. Whether Plaintiff's motion for reconsideration was timely and warranted relief under Federal Rule of Civil Procedure 59(e).
2. Whether Plaintiff established grounds for relief from judgment under Federal Rule of Civil Procedure 60(b), including fraud or misconduct by the opposing party.
3. Whether the federal court had ancillary jurisdiction to enforce the parties' settlement agreement after dismissing the case.
4. Whether the alleged Missouri state-court action provided a basis to reopen this federal case or remove the state action to federal court.

Disposition

dismissed