Free Order on Motion to Transfer to Another District - District Court of Connecticut - Connecticut

Case 2:90-cv-00626-PCD

Document 168

Filed 09/16/2004

Page 1 of 2

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT SUZANNE MERSEREAU SEARLES Plaintiff, v. PETER RELIC ET AL., Defendants. : : : : : : :

Case No: 2:90cv626 (PCD) 3:97cv2601 (PCD) 3:00cv1116 (PCD)

RULING ON PLAINTIFF'S PENDING MOTIONS Having considered both Plaintiff's motion and her addendum to that motion, Plaintiff's motion to transfer to original venue and for relief from judgment [Doc. No. 166] is denied. First, there is no case pending. See Searles v. Board of Ed, et al, 3:00cv01115 PCD (Closed since May 2001 when the Second Circuit mandate issued dismissing Plaintiff's appeal - Doc. No. 73); Searles v. West Hartford Board, 3:97cv2601 PCD (Closed since May 1999 when Second Circuit mandate issued dismissing Plaintiff's appeal - Doc. No. 23); Searles v. Relic, et al, 2:90cv00626 PCD (Closed since May 1997 when the Second Circuit mandate issued dismissing Plaintiff's appeal - Doc. No. 164) Second, FED . R. CIV . P. 60(b) provides for relief upon a finding of (1) 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 2:90-cv-00626-PCD

Document 168

Filed 09/16/2004

Page 2 of 2

SO ORDERED. Dated at New Haven, Connecticut, September 16 , 2004.

/s/ Peter C. Dorsey Senior United States District Judge

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