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UNITED STATES DISTRICT COURT

[courtDistrict], [courtDivision]

[plfName]	)	Case No (LT)
Plaintiff	)	[caseNo]
)
v.	)
)
[defName]	)
Defendant	)

PLAINTIFF’S MOTION FOR RELIEF FROM RULING

Plaintiff, [plfName], on this [D] day of [MMMM] [YYYY], respectfully asks this Court to relieve Plaintiff from the order that it entered on [MTH] [DY], [YR]. Pursuant to Rule 60(a) Fed. R. Civ. P., the order was improvident.

Key Points:

Points	[errRzn]

Grounds	[grnds]

Table of Contents:

Context	2nd Page
Motion	3rd Page
Certificates	7th Page
Exhibits	8th Page
Affidavits	12th Page

Background:	Court claimed that [badRzn]
Problem:	Court was wrong about [badRzn]
Request:	Court vacates its ruling

Rule 1 Fed. R. Civ. P. | Scope

“[The Rules of Civil Procedure] should be construed, administered, and employed by the court and the parties to secure the just, speedy, and inexpensive determination of every action and proceeding.”

Rule 60 Fed. R. Civ. P. | Serving and Filing Pleadings and...

“The court may correct a clerical mistake or a mistake arising from oversight or omission whenever one is found in a judgment, order, or other part of the record…

On motion and just terms, the court may relieve a party or its legal representative from a final judgment, order, or proceeding

Precedence

6:22-cv-02075-RBD-LHP	- USFLMD (3/22/24)

2:23-cv-00475-SPC-KCD	- USFLMD (7/26/23)

5:23-cv-00059-GAP-PRL	- USFLMD (5/15/23)

8:21-cv-01558-KKM-AAS	- USFLMD (12/27/22)

6:21-cv-01839-ACC-DAB	- USFLMD (11/17/22)

5:21-cv-00343-BJD-PRL	- USFLMD (4/20/22)

8:20-cr-00138-CEH-JSS	- USFLMD (11/22/21)

3:14-cr-00075-BJD-PDB	- USFLMD (6/17/21)

8:18-cv-01389-AAS	- USFLMD (6/1/21)

6:19-cv-00637-CEM-LRH	- USFLMD (4/2/20)

USFLMD has recently granted similar requests

Abbreviations:

{#NN}	-	Docket Entry NN (from this Case)
USFLMD	-	US District Court, Florida, Middle District

MOTION

Relevant History

[hstry001]

[hstry002]

[hstry003]

Analysis

[any001]

[any002]

[any003]

Standard for Review

Rule 60 Fed. R. Civ. P. gives this Court the power to correct a past order:

“The court may correct a clerical mistake or a mistake arising from oversight or omission whenever one is found in a judgment, order, or other part of the record. The court may do so on motion or on its own, with or without notice.”

Rule 60(a) Fed. R. Civ. P.

The appellate courts have reiterated this power (highlights added):

“A district court has the inherent power to reconsider and modify its interlocutory orders prior to the entry of judgment, whether they be oral, e.g., United States v. Green, 414 F.2d 1174, 1175 (D.C. Cir. 1969) (trial judge had authority to withdraw oral decision granting defendant’s motion to dismiss indictment), or written, e.g., United States v. Jerry, 487 F.2d 600, 604-05 (3d Cir. 1973) district court had authority to rescind written order improvidently permitting defendant to withdraw guilty plea); cf. United States v. Benz, 282 US 304, 306-07, 51 S.Ct. 113, 114, 75 L.Ed. 354 (1931) (stating general rule that judgments, decrees, and orders in civil or criminal cases may be modified by court within the term in which they were entered), and there is no provision in the rules or any statute that is inconsistent with this power.”

United States v. LoRusso, 695 F.2d 45 (2d Cir. 1982)

The appellate courts have also taken it a step further. By establishing that improvidence amounts to an abuse of discretion (highlights added):

“Abuse occurs when a material factor deserving significant weight is ignored, when an improper factor is relied upon, or when all proper and no improper factors are assessed, but the court makes a serious mistake in weighing them. See In re San Juan Dupont Plaza Hotel Fire Litigation, 859 F.2d 1007, 1019 (1st Cir. 1988); United States v. Hastings, 847 F.2d 920, 924 (1st Cir.), cert. denied, --- U.S. ----, 109 S. Ct. 308, 102 L. Ed. 2d 327 (1988); see generally Anderson v. Cryovac, Inc., 862 F.2d 910, 915 (1st Cir. 1988) (equating abuse of discretion with court's commission of "a meaningful error in judgment")”

Independent Oil v Procter & Gamble, 864 F.2d 927 (1st Cir. 1988)

Of course – and importantly – the appellate courts have established that such an abuse is cause for reversal/correction (highlights added):

“We find, however, that the court below did not give appropriate consideration to appellants' posttrial motion to set aside the judgment pursuant to Rule 60(b)(3). Thus, we remand to the district court for rehearing on that motion...”

Anderson v Cryovac, 862 F.2d 910 (1st Cir. 1988)

This last appellate ruling brings this review full circle. As it establishes that this Court has the “inherent power” to correct its improvident orders (under Rule 60 Fed. R. Civ. P.).

Application

In the instant matter, this Court is well-positioned to correct [badOrd], because:

[badRzn001];

[badRzn002]; and

[badRzn003]

Nature of Relief Sought

Therefore, Plaintiff seeks the following relief:

[rlf001];

[rlf002];

[rlf003];

CONFERRAL

On [confMth] [confDy], [confYr], [conferralStatement].

CONCLUSION

WHEREFORE, Plaintiff respectfully asks this Court to enter an Order Vacating the Order that was Entered on [MTH] [DY], [YR].

Dated this [DD]th day of [MMMM] [YYYY].

Respectfully submitted,

/s/ [plfName]

[plfName], Plaintiff

[plfAddy]

P: [plfPhn]

E: [plfEml]

W: TextBookDiscrimination.com

Get Booked Up on Justice!

CERTIFICATE OF COMPLIANCE

I certify that the size and style of type used in this document is Times New Roman 14-point Font (caption) and Century Schoolbook 13-point Font (contents); thus complying with the font requirements of Local Rule 1.08.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this [D] day of [MMM] [YYYY], I electronically filed the foregoing with the Clerk of Courts by using its online filing page. I also emailed it to the attached service list.

/s/ [plfName]

Endnotes:

How-To Guide: (interactive)

TextBookDiscrimination.com/Guides/Motions/Relief

SERVICE LIST

[defAtt], Esquire ([barNum]) E: [defEml] P: [defPhn] (defendant’s trial lawyers)

EXHIBIT 101

EXHIBIT 102

PLAINTIFF’S AFFIDAVIT

UNITED STATES DISTRICT COURT

[courtDistrict], [courtDivision]

[plfName]	)	Case No (LT)
Plaintiff	)	[caseNo]
)
v.	)
)
[defName]	)
Defendant	)

PLAINTIFF’S AFFIDAVIT IN SUPPORT OF ‘PLAINTIFF’S MOTION FOR RELIEF’

The affiant, [plfName], swears or affirms as follows:

Background

I am over the age of eighteen (18).

I am a plaintiff in the above-captioned case.

This affidavit is made in good faith.

Familiarity

I have read the Local Rules of Court, the Federal Rules of Civil Procedure, the Federal Rules of Evidence, and much more.

The information in this affidavit is based on my own personal knowledge.

Facts

[fact001]

[fact002]

[fact003]

[fact004]

[fact005]

[fact006]

Request

[req001]

Thank you.

Verification Under Oath Pursuant to 28 USC §1746

I declare under penalty of perjury that the foregoing is true and correct. Executed on this [DD]th day of [MMMM] [YYYY].

UNITED STATES OF AMERICA	[dtSigned]
[plfName], Plaintiff/Affiant

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