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RULE 60(b) – Relief from Clerk’s Entry of Default

relief from a copyright infringement judgment
McGucken v Kantor, Schachter, et al., Complaint Exhibit A

Defendant Kenny Schachter sent me an email asking for help with vexatious litigant Elliot McGucken. Mr. Schachter and others similarly situated will need assistance from experienced attorneys licensed to practice in United States District Court. In the meantime, here is free legal advice and a couple of sample motions from a retired litigation paralegal. Mr. Schachter needs to run to the courthouse and file a Rule 60(b) Motion for Relief from a Judgment.

8-29-2022 UPDATE: Instead of filing a motion, Kenny idiotically sent a letter to the judge, which was rejected.

Rule 60. Relief from a Judgment or Order

(a) Corrections Based on Clerical Mistakes; Oversights and Omissions. 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. But after an appeal has been docketed in the appellate court and while it is pending, such a mistake may be corrected only with the appellate court’s leave.

(b) Grounds for Relief from a Final Judgment, Order, or Proceeding. On motion and just terms, the court may relieve a party or its legal representative from a final judgment, order, or proceeding for the following reasons:

(1) mistake, inadvertence, surprise, or excusable neglect;

(2) newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under Rule 59(b);

(3) fraud (whether previously called intrinsic or extrinsic), misrepresentation, or misconduct by an opposing party;

(4) the judgment is void;

(5) the judgment has been satisfied, released, or discharged; it is based on an earlier judgment that has been reversed or vacated; or applying it prospectively is no longer equitable; or

(6) any other reason that justifies relief.

(c) Timing and Effect of the Motion.

(1) Timing. A motion under Rule 60(b) must be made within a reasonable time—and for reasons (1), (2), and (3) no more than a year after the entry of the judgment or order or the date of the proceeding.

(2) Effect on Finality. The motion does not affect the judgment’s finality or suspend its operation.

SAMPLE: Motion for Relief from Judgment Pursuant to Fed.R.Civ.P. 60(b)
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SAMPLE: MEMORANDUM IN SUPPORT OF PLAINTIFFS’ RULE 60(B)(2) MOTION FOR
RELIEF FROM FINAL JUDGMENT & REQUEST FOR INDICATIVE RULING
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By Dean McAdams

Born a poor peckerwood in a Tujunga holler, Dean overeducated himself beyond his social station to end up a retired paralegal in the coastal paradise of West L.A.