Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Jones v. Hawaii Residency Programs, Inc.

United States District Court, D. Hawaii

July 12, 2017

LILLIAN M. JONES, Plaintiff,
v.
HAWAII RESIDENCY PROGRAMS, INC., UNIVERSITY OF HAWAII; NALEEN ANDRADE, M.D.; COURTENAY MATSU, M.D.; CHRISTIAN DERAUF, M.D.; TERRY LEE, M.D.; IQBAL AHMED, M.D.; SHEILA SCHIEL, Defendants.

          ORDER DENYING PLAINTIFF'S FILING ENTITLED “MOTION TO SET ASIDE JUDGMENT OF THE HAWAII RESIDENCY PROGRAMS, INCORPORATED, ET AL.” (ECF No. 103)

          Helen Gillmor, United States District Judge

         Plaintiff Lillian M. Jones, proceeding pro se, filed a Motion to Set Aside Judgment. Plaintiff seeks to vacate the Judgment entered by this Court on November 30, 2007.

         Plaintiff filed her Motion pursuant to Fed.R.Civ.P. 60(b). Plaintiff's Motion is untimely. There is no factual or legal basis upon which to set aside the 2007 Judgment. There are no extraordinary circumstances that would merit relief as requested.

         Plaintiff's MOTION TO SET ASIDE JUDGMENT OF THE HAWAII RESIDENCY PROGRAMS, INCORPORATED, ET AL. (ECF No. 103) is DENIED.

         PROCEDURAL HISTORY

         On January 12, 2007, Plaintiff filed a Complaint. (ECF No. 1).

         On June 8, 2007, Plaintiff filed an Amended Complaint. (ECF No. 40).

         On November 29, 2007, the Court issued an ORDER GRANTING DEFENDANT UNIVERSITY OF HAWAII'S MOTION TO DISMISS PLAINTIFF'S AMENDED COMPLAINT. (ECF No. 83).

         On November 30, 2007, the Court issued an ORDER GRANTING DEFENDANTS HAWAII RESIDENCY PROGRAM INC., NALEEN ANDRADE, M.D., COURTENAY MATSU, M.D., AND D. CHRISTIAN DERAUF, M.D.'S MOTIONS FOR SUMMARY JUDGMENT. (ECF No. 84).

         On the same date, the Court entered Judgment in favor of the Defendants. (ECF No. 85).

         More than nine years later, on April 3, 2017, Plaintiff filed PLAINTIFF'S MOTION TO SET ASIDE JUDGMENT OF THE HAWAII RESIDENCY PROGRAMS, INCORPORATED, ET AL. (ECF No. 103).

         On May 12, 2017, Defendant Hawaii Residency Programs, Inc. filed DEFENDANT HAWAII RESIDENCY PROGRAMS, INC.'S OPPOSITION TO PLAINTIFF'S MOTION TO SET ASIDE JUDGMENT OF THE HAWAII RESIDENCY PROGRAMS INCORPORATED. (ECF No. 107).

         On May 15, 2017, Defendant Hawaii Residency Programs, Inc. filed an ERRATA. (ECF No. 108).

         On June 5, 2017, Plaintiff filed PLAINTIFF'S REPLY TO DEFENDANT HAWAII RESIDENCY PROGRAMS, INC.'S OPPOSITION TO PLAINTIFF'S MOTION TO SET ASIDE JUDGMENT OF THE HAWAII RESIDENCY PROGRAMS INCORPORATED. (ECF No. 109).

         The matter is being decided without a hearing pursuant to District of Hawaii Local Rule 7.2(d).

         STANDARD OF REVIEW

         Federal Rule of Civil Procedure 60(b) permits relief from final judgments, orders, or proceedings. Rule 60(b) provides six separate bases for relief. The rule provides, as follows:

         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 ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.