Vasquez v. The County of Rockland

Background

Kim Vasquez filed a letter dated October 9, 2020. The court construed the letter as a motion asking it to reconsider its February 24, 2020 opinion and order granting the defendants’ motion for summary judgment. The defendants named in the caption were The County of Rockland, Sgt. Karl Mueller, Sgt. John Kleber, Correction Officer John Kezek, and Correction Officer Paul Obacz, in their individual and official capacities as correction officers employed by the County of Rockland.

Legal standard

The court applied Local Civil Rule 6.3 and Federal Rule of Civil Procedure 60(b). Rule 60(b) permits relief from a final judgment, order, or proceeding for specified reasons, including mistake, newly discovered evidence, fraud or misconduct, a void judgment, satisfaction or discharge of the judgment, or another reason justifying relief. The court described this relief as extraordinary and available only in exceptional circumstances. It also stated that reconsideration generally requires the moving party to identify controlling decisions or information the court overlooked that could reasonably be expected to change the result. Reconsideration is not a chance to repeat arguments already rejected or present new facts, issues, or arguments that could have been raised earlier.

Court’s analysis

The court found that Vasquez’s motion was well past the deadline. It further found that Vasquez had not identified controlling decisions or information the court overlooked and had not shown exceptional circumstances warranting relief.

Ruling

The court denied Vasquez’s motion for reconsideration. The court also noted that Vasquez’s address on the docket was incorrect and directed the Clerk of Court to mail a copy of the order, along with the judgment and notice of the right to appeal at ECF No. 126, to the address provided in Vasquez’s motion.