Brunswick Exinor v. Freedom Mortgage Corp.

Summary

The United States District Court for the Southern District of Indiana denied Plaintiff Brunswick Exinor's motions to vacate the final judgment, transfer the case, and supplement the record. The court held that Exinor failed to show a manifest error, newly discovered evidence, or another basis for post-judgment relief, and that the court was the proper federal venue for claims concerning Hamilton County. The court also denied Freedom Mortgage Corp.'s embedded motion to warn Exinor about potential sanctions and ordered that sealed exhibits be unsealed unless a motion to maintain them under seal was filed within fourteen days.

Holdings

1. The motion to vacate was properly treated as a Rule 59(e) motion because it was filed within 28 days of judgment, but relief was denied because the plaintiff showed neither a manifest error of law or fact nor newly discovered evidence that could have affected the judgment.
2. Transfer was denied because the Southern District of Indiana, Indianapolis Division, is the appropriate federal court for an action concerning Hamilton County.
3. The motion to supplement the record with additional evidence was denied because the court lacked jurisdiction over the claims and the action remained dismissed and closed.
4. The motion to warn the plaintiff of possible sanctions was denied because her filings did not warrant sanctions or a formal warning.

Questions Presented

1. Whether the plaintiff demonstrated grounds under Rule 59(e) or Rule 60(b) to vacate or amend the final judgment.
2. Whether the case should be transferred to another United States District Court with jurisdiction over Hamilton County.
3. Whether the plaintiff should be permitted to supplement the record with additional evidence after dismissal and entry of final judgment.
4. Whether the defendant was entitled to a warning concerning possible sanctions under Federal Rule of Civil Procedure 11.

Disposition

other