Daniel v. T & M Protection Resources LLC

Background

The case was closed on July 12, 2018, after a week-long bench trial. The court denied Daniel’s motion for reconsideration on July 27, 2018, and the Second Circuit affirmed the judgment on August 23, 2019.

Daniel made several later attempts to reopen the case or set aside the judgment. The district court denied those requests, and the Second Circuit rejected or dismissed Daniel’s related appeals. In September 2021, the court rejected another request as untimely and lacking new facts or law. The court later denied Daniel’s motion for reconsideration of that ruling, and the Second Circuit affirmed.

Current Motion

Daniel’s October 2023 letter asked the court to reopen the case and set aside the judgment under Federal Rule of Civil Procedure 60(d)(3). That rule preserves a court’s power to set aside a judgment for fraud on the court. The court explained that, unlike certain motions under Rule 60(b), a motion under Rule 60(d)(3) has no stated time limit. The court therefore found Daniel’s motion timely.

Ruling

The court denied Daniel’s motion. It found that the letter did not present new facts showing fraud on the court. Instead, Daniel made conclusory allegations that the defendants gave false statements, produced forged documents, and presented perjured testimony at the bench trial. Because he supplied no evidence or supporting argument for those allegations, the court found no basis to disturb its judgment. The case remains closed.