Tamara Love v. Kaiser Permanente et al.

Summary

The United States District Court for the Western District of Washington denied Tamara Love’s motion for a new trial, relief from judgment, and consolidation. The court held that her requests under Federal Rules of Civil Procedure 59, 60, and 61 were untimely or otherwise lacked merit, and denied consolidation as moot because the action was closed.

Holdings

1. The court could not consider Love's Rule 60(b)(1) request because she filed it more than one year after entry of judgment.
2. Love was not entitled to relief under Rule 60(b)(6) because her motion was not filed within a reasonable time and, independently, she did not establish extraordinary circumstances.
3. Love's Rule 59(e) motion was untimely, and Rule 59(a) did not apply because no trial had occurred.
4. The request to consolidate was denied as moot because the court denied Love's request to reopen the closed action.

Questions Presented

1. Whether Love was entitled to relief from the judgment under Federal Rule of Civil Procedure 60(b)(1) or 60(b)(6).
2. Whether Love's motion was timely under Rule 60(c)(1).
3. Whether Love was entitled to a new trial or amended judgment under Rule 59.
4. Whether the action should be consolidated with Love's separate action under Rule 42.

Disposition

other