Free Memorandum in Opposition to Motion - District Court of Connecticut - Connecticut

Case 3:00-cv-01115-PCD Document 86-9 Filed O2/14/2006 Page 1 of 3
EXHIBIT H

Case 3:00-cv-01115-PCD Document 86-9 Filed O2/14/2006 Page 2 of 3
UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
SUZANNE MERSEREAU SEARLES :
Plaintiff :
v. Case N0: 2:90cv626 (PCD)
: 3:97cv260l (PCD)
PETER. RELIC ET AL., : 3:0Ocvll16 (PCD)
Defendants. :
RULIN G ON PLAINTIFF’S PENDING MOTIONS
Having considered both Plaintiff s motion and her addendum to that motion,
Plaintiffs motion to transfer to original venue and for relief from judgment [Doc. No.
166] is denied. First, there is no case pending. Sge Searles v. Board of Ed, etal,
3:00cv0l l 15 PCD (Closed since May 2001 when the Second Circuit mandate issued
dismissing Plaintiffs appeal - Doc. No. 73); Searles v. West Hartford Board, 3:97cv260l
PCD (Closed since May 1999 when Second Circuit mandate issued dismissing Plaintiffs
appeal - Doc. No. 23); Searles v. Relic, et al, 2:90cv0O626 PCD (Closed since May 1997
when the Second Circuit mandate issued dismissing Plaintiffs appeal - Doc. No. 164)
Second, F ED. R, Civ. P. 60(lo) provides for relief upon a Ending of (l) mistake,
inadvertence, surprise, or excusable neglect, (2) newly discovered evidence which by due
diligence could not have been duly discovered, and (3) fraud. FED. R. Civ. P. 60(b)(1)-
(3). Rule 60(b) also provides that such motion "shall be made . . . not more than one year
after the judgment, order, or proceeding was entered or taken." As stated, more than a
year has passed since judgment was entered in these cases.
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Case 3:00-cv-01115-PCD Document 86-9 Filed O2/14/2006 Page 3 of 3
SO ORDERED.
Dated at New Haven, Connecticut, September 16 , 2004.
..._._.._LSJ__"._...______________
Peter C. Dorsey
Senior United States District Judge
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