McMillian v. District of Columbia

241 F.R.D. 12, 2006 U.S. Dist. LEXIS 90766, 2006 WL 3718017
CourtDistrict Court, District of Columbia
DecidedDecember 18, 2006
DocketCivil Action No. 04-2036 (RMU)
StatusPublished
Cited by4 cases

This text of 241 F.R.D. 12 (McMillian v. District of Columbia) is published on Counsel Stack Legal Research, covering District Court, District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McMillian v. District of Columbia, 241 F.R.D. 12, 2006 U.S. Dist. LEXIS 90766, 2006 WL 3718017 (D.D.C. 2006).

Opinion

MEMORANDUM ORDER

URBINA, District Judge.

Denying the Plaintiff’s Motion for Relief from Judgment

I. INTRODUCTION

This employment discrimination matter comes before the court on the plaintiffs motion for relief from judgment. The plaintiff, Tony McMillian, argues that the court should reconsider its dismissal of the complaint against the District of Columbia (“D.C.” or “the District”) and the D.C. Fire & Emergency Medical Services Department (“EMS”).1 Because the plaintiff fails to address any of the factors enumerated in Rule 60(b), the court denies the plaintiffs motion for relief from judgment.

II. BACKGROUND

A. Factual Background

The plaintiff has been an EMS employee since June 1977, Compl. H17, and has held many positions with EMS, including that of Compliance Officer. Id. H18. “As Compliance Officer plaintiff represented the District’s position in a claim of racial discrimination filed by a white male.” Id. If 25. The plaintiff alleges that the defendants engaged in discriminatory employment practices against him based on his race and based on a critical report he wrote while serving as Compliance Officer for EMS. Id. 111110, 31-33. In this report, the plaintiff alleged that the white male’s claim was unfounded and criticized EMS’ settlement of that claim. Id. 1131.

After knowledge of the report’s contents spread, the “plaintiff began experiencing difficulties he had never experienced in his pri- or years of service.” Id. H 33. For example, the plaintiff was allegedly demoted and accused of sexual harassment. Id. HH 56, 68, 64. The plaintiff sues the District, EMS, and Interim Fire Chief Thomas Tippett (in his personal and official capacities) for violations of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000-e, and for intentional in[13]*13flietion of emotional distress. Id. 1H12-4, 14, 69-86.

B. Procedural Background

On November 19, 2004, the plaintiff filed a complaint against the District, EMS, and Thomas Tippett. In response, defendants D.C. and EMS filed a motion to dismiss pursuant to Rule' 12(b)(6). Because the plaintiff did not file a response to the District’s motion to dismiss, the court ordered the plaintiff to show cause why the court should not grant the motion as conceded. Because the plaintiff did not respond to the order, the court granted the defendant’s motion to dismiss on May 2, 2005. Nine days later, on May 11, 2005, the plaintiff filed a motion to alter or amend judgment. The court denied that motion on December 13, 2005. The plaintiff now moves for relief from judgment.

III. ANALYSIS

Because the plaintiff does not cite to any Federal Rule of Civil Procedure in his “motion for reconsideration,” the court must determine, as a preliminary matter, whether to analyze the motion under Rule 59(e) or 60(b). A motion filed within ten days of the entry of judgment is treated as a motion to alter or amend the judgment under Rule 59(e), and a motion filed more than ten days after the entry of judgment is considered a motion seeking relief from judgment under Rule 60(b). McMillian v. District of Columbia, 233 F.R.D. 179,179 n. 1 (D.D.C.2005).

In this case, the court dismissed the plaintiffs case against the District of Columbia (“D.C.” or “the District”) and against the D.C. Fire & Emergency Medical Services Department (“EMS”) on May 2, 2005. On December 13, 2005, the court denied the plaintiffs Rule 59(e) motion to alter or amend the dismissal of the case against the District and EMS. Because the plaintiff filed his motion more than ten days after the entry of the order denying his Rule 59(e) motion, the court analyzes the instant motion under Rule 60(b).

A. Legal Standard for Relief Under Federal Rule of Civil Procedure 60(b)

In its discretion, the court may relieve a party from an otherwise final judgment pursuant to any one of six reasons set forth in Rule 60(b). Fed.R.Civ.P. 60(b); Lepkowski v. Dep’t of Treasury, 804 F.2d 1310, 1311-12 (D.C.Cir.1986). First, the court may grant relief from a judgment involving “mistake, inadvertence, surprise, or excusable neglect.” Fed.R.Civ.P. 60(b). Such relief under Rule 60(b) turns on equitable factors, notably whether any neglect was excusable. Pioneer Inv. Servs. Co. v. Brunsmck Ass’n Ltd. P’ship, 507 U.S. 380, 392,113 S.Ct. 1489,123 L.Ed.2d 74 (1993). Second, the court may grant relief where there is “newly discovered evidence” that the moving party could not have discovered through its exercise of due diligence. Fed.R.Civ.P. 60(b). Third, the court may set aside a final judgment for fraud, misrepresentation, or other misconduct by an adverse party. Id.; Mayfair Extension, Inc. v. Magee, 241 F.2d 453, 454 (D.C.Cir.1957). Specifically, the movant must show that “such ‘fraud’ prevented him from fully and fairly presenting his ease,” and that “the fraud is attributable to the party or, at least, to counsel.” Richardson v. Nat’l R.R. Passenger Corp., 150 F.R.D. 1, 7 (D.D.C.1993) (Sporkin, J.) (citations omitted). Fourth, the court may grant relief where the judgment is “void.” Fed.R.Civ.P. 60(b). A judgment may be void if the court lacked personal or subject-matter jurisdiction in the case, acted in a manner inconsistent with due process, or proceeded beyond the powers granted to it by law. Eberhardt v. Integrated Design & Constr., Inc., 167 F.3d 861, 871 (4th Cir.1999). Fifth, the court may grant relief if the “judgment has been satisfied, released, or discharged, or a prior judgment upon which it is based has been reversed ... or it is no longer equitable that the judgment should have prospective application.” Fed. R.Civ.P. 60(b); Twelve John Does v. District of Columbia, 841 F.2d 1133, 1138 (D.C.Cir. 1988) (noting that not all judgments having continuing consequences are “prospective” for the purposes of Rule 60(b)). Sixth, the court may grant relief from a judgment for “any ... reason justifying [such] relief.” [14]*14Fed.R.Civ.P. 60(b).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Carvajal v. Drug Enforcement Administration
286 F.R.D. 23 (District of Columbia, 2012)
Bowie v. Maddox
677 F. Supp. 2d 276 (District of Columbia, 2010)

Cite This Page — Counsel Stack

Bluebook (online)
241 F.R.D. 12, 2006 U.S. Dist. LEXIS 90766, 2006 WL 3718017, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcmillian-v-district-of-columbia-dcd-2006.