Jackie Osborne v. Rocket Mortgage, LLC and AMROCK, LLC

Summary

The United States District Court for the Southern District of Mississippi denied Jackie Osborne’s motion for relief from judgment under Federal Rule of Civil Procedure 60(b)(1), (2), and (6). The court held that Osborne’s alleged lack of notice, purportedly newly discovered evidence concerning a refinancing, and equitable arguments did not satisfy the requirements for reopening the case. The court also deemed the defendants’ motion for judicial notice moot.

Holdings

1. Relief was not warranted under Rule 60(b)(1) because Osborne did not show mistake, inadvertence, surprise, or excusable neglect that produced or contributed to the entry of the judgment. Her alleged failure to receive notice after judgment, coupled with her failure to inquire about the case status, was insufficient.
2. Relief was not warranted under Rule 60(b)(2) because Osborne failed to show material, controlling, genuinely newly discovered evidence that could not have been discovered with reasonable diligence and that would have produced a different result.
3. Relief was not warranted under Rule 60(b)(6) because Osborne's lack-of-notice theory was duplicative of her Rule 60(b)(1) theory, and she otherwise failed to demonstrate extraordinary circumstances or a meritorious basis for disturbing the judgment.

Questions Presented

1. Whether Osborne was entitled to relief under Rule 60(b)(1) based on allegedly failing to receive notice of the court's ruling because of a post-office mail dispute.
2. Whether Osborne was entitled to relief under Rule 60(b)(2) based on allegedly newly discovered evidence concerning defendants' roles in the 2022 refinancing.
3. Whether Osborne was entitled to relief under Rule 60(b)(6) based on lack of notice, the asserted right to seek reconsideration or appeal, and the alleged incorrectness of the prior judgment.
4. Whether Osborne should receive leave to amend after the judgment was entered.

Disposition

denied