Gordon v. Monoson

47 V.I. 696, 2006 WL 1519364, 2006 U.S. Dist. LEXIS 34183
CourtDistrict Court, Virgin Islands
DecidedMay 26, 2006
DocketCivil No. 1984-260
StatusPublished

This text of 47 V.I. 696 (Gordon v. Monoson) is published on Counsel Stack Legal Research, covering District Court, Virgin Islands primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gordon v. Monoson, 47 V.I. 696, 2006 WL 1519364, 2006 U.S. Dist. LEXIS 34183 (vid 2006).

Opinion

GOMEZ, Judge

MEMORANDUM OPINION

(May 26, 2006)

Before the Court is the motion of defendant David Monoson (“Monoson”) to vacate a 1988 judgment against him pursuant to Federal Rules of Civil Procedure 60(b)(4) and 60(b)(6). Monoson. also seeks to quash a writ of execution brought against him by the plaintiff, Tedroy [697]*697Gordon (“Gordon”), and to stay enforcement of the 1988 judgment pending the outcome of this motion.

I. FACTS

On July 3, 1984, Gordon filed a complaint against Monoson and Eric Berry (“Berry”), both of whom were Virgin Islands police officers at the time, and the Government of the Virgin Islands (“GVI”). Gordon alleged that Monoson and Berry assaulted Gordon while the officers were off duty, in violation of 42 U.S.C. § 1983 (“Section 1983”). On November 6, 1987, this Court granted a motion by the GVI to be dismissed as a party. The Court also relieved the GVI from any obligation to provide Monoson and Berry with counsel.1

Thereafter, a jury trial in this case was held on June 10, 1988. Monoson and Berry did not attend the trial, but they were represented by Attorney Leonard B. Francis. The jury returned a verdict in favor of Gordon in the sum of $50,000, for which Monoson and Berry were held jointly and severally liable (the “1988 judgment”).

On June 27, 1988, Attorney Francis filed a post-trial motion (the “1988 motion”) on behalf of Monoson and Berry, seeking relief from the judgment and remittitur pursuant to Federal Rules of Civil Procedure 60(a), 60(b), and 59(e). In the 1988 motion, Monoson and Berry argued that the 1988 judgment was unsupported by the facts. They also argued that they were denied their due process rights because they did not receive notice of the trial, and because they were not provided with government counsel. This Court denied Monoson and Berry’s 1988 motion in a January 19, 1989, order. Neither Monoson nor Berry appealed the Court’s ruling.

A writ of execution on the judgment was issued against Monoson and Berry on March 8, 1989. Monoson claims he did not receive this writ because it was served upon the Virgin Islands Police Academy. He avers that he did not work for the Virgin Islands Police Department at that time.

On January 25, 2005, Gordon moved for a writ of execution against Monoson to collect on the 1988 judgment. This Court granted the motion and a writ of execution was issued on April 21, 2005. On May 3, 2005, Monoson filed a motion to quash the writ of execution. Monoson’s [698]*698motion also requested that he be relieved from the 1988 judgment, pursuant to Federal Rule of Civil Procedure 60(b). A hearing on this motion was held on December 2,2005.2

Monoson contends that the 1988 judgment is void and must be set aside because: (1) he did not receive notice of the trial date; (2) the GVI did not provide him with an adequate defense; and (3) this Court did not independently determine that it had subject matter jurisdiction after it dismissed the GVI. Monoson also argues that the judgment must be set aside due to extraordinary circumstances.

II. DISCUSSION

A party may be relieved from a judgment pursuant to Federal Rule of Civil Procedure 60(b) if it is void, or for “any other reason justifying relief.” FED. R. Civ. P. 60(b)(4), (6). However, to survive, such a motion must first be timely. See Martinez-McBean v. Gov’t of the V.I., 562 F.2d 908, 913 n.7, 14 V.I. 79 (3d Cir. 1977) (noting that Rule 60(b)(6) motions must be made within a “reasonable time”); Hodge v. Hodge, 16 V.I. 399, 403, n.2 (D.V.I. 1979) (holding that the “reasonable time” requirement attaches to a Rule 60(b)(4) motion).

What constitutes [a] ‘reasonable time’ depends upon the facts of each case, taking into consideration the interest in finality, the reason for delay, the practical ability of the litigant to learn earlier of the grounds relied upon, and [the consideration of] prejudice [if any] to other parties.

Dietsch v. United States, 2 F. Supp. 2d 627, 633 (D.N.J. 1998) (quoting Devon v. Vaughn, Civ. Action No. 94-2534, 1995 U.S. Dist. LEXIS 5559, at *2 (E.D. Pa. Apr. 27, 1995) (unpublished)).

[699]*699Rule 60 motions must also present new claims to the Court. See, e.g., Murray v. District of Columbia, 311 U.S. App. D.C. 204, 52 F.3d 353, 356 (D.C. Cir. 1995) (affirming denial of a second Rule 60 motion which raised “the same issue presented in the first [Rule 60] motion” because it was “nothing more than an untimely appeal of [the] first motion”); see also Holly v. Patrianakos, 137 Fed. Appx. 883, 885 (7th Cir. May 9, 2005) (unpublished) (“If he was unhappy with the district court’s ruling on that motion, his remedy was to appeal to this court, not to file a second Rule 60(b) motion raising the identical argument.”) (internal citation omitted).

A court’s subject matter jurisdiction may be challenged at any time during the course of litigation. Liberty Mutual Ins. Co. v. Wetzel, 424 U.S. 737, 740, 96 S. Ct. 1202, 47 L. Ed. 2d 435 (1976).

III. ANALYSIS

A. Subject-Matter Jurisdiction

Monoson argues that the Court’s dismissal of the GVI constituted a dismissal of Gordon’s federal claim and that this Court should have addressed whether to retain jurisdiction over the matter. Monoson’s argument, however, lacles support in law.

Gordon’s complaint alleged Section 1983 violations against the GVI and against Monoson and Berry. The Section 1983 claims against Monoson and Berry were unaffected by the dismissal of the GVI. See Hafer v. Melo, 502 U.S. 21, 30, 112 S. Ct. 358, 116 L. Ed. 2d 301 (1991) (holding that plaintiffs may maintain Section 1983 claims against state officers in their individual capacity where the government is not a party). Because those claims arise under the laws of the United States, they are properly before this Court. See McKee v. Hart, 436 F.3d 165, 168 (3d Cir. 2006) (“The District Court had federal question jurisdiction over [the plaintiffs] 42 U.S.C. § 1983 claim pursuant to 28 U.S.C.

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Bluebook (online)
47 V.I. 696, 2006 WL 1519364, 2006 U.S. Dist. LEXIS 34183, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gordon-v-monoson-vid-2006.