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Title Raymond Calouri v. One World Technologies

November 14, 2011

TITLE RAYMOND CALOURI
v.
ONE WORLD TECHNOLOGIES, INC., ET AL



The opinion of the court was delivered by: Honorable Christina A. Snyder, U.S. District Judge

CIVIL MINUTES - GENERAL

Present: The Honorable CHRISTINA A. SNYDER, U.S. DISTRICT JUDGE

RITA SANCHEZ LAURA ELIAS N/A

Deputy Clerk Court Reporter / Recorder Tape No.

Attorneys Present for Plaintiffs: Attorneys Present for Defendants:

None Richard Marschall

Proceedings: DEFENDANT'S MOTION FOR CLARIFICATION (filed 10/12/11)

INTRODUCTION & BACKGROUND

The background and facts of this case are known to the parties and are set forth in the Court's order dated September 16, 2011.

On October 12, 2011, defendant One World Technologies ("defendant" or "OWT") filed the instant motion for clarification of the Court's order denying OWT's motion for summary judgment.*fn1 Plaintiff Raymond Calouri ("plaintiff" or "Calouri") opposed the motion on October 24, 2011. OWT replied on October 31, 2011. After carefully considering the parties' arguments, the Court finds and concludes as follows.

LEGAL STANDARD

A. Fed. R. Civ. P. 60(b)

Under Rule 60(b), the court may grant reconsideration of a final judgment and any order based on: "(1) mistake, surprise, or excusable neglect; (2) newly discovered evidence; (3) fraud; (4) a void judgment; (5) a satisfied or discharged judgment; or (6) extraordinary circumstances which would justify relief." School Dist. No. 1J, Multnomah County, Or. v. ACandS, Inc., 5 F.3d 1255, 1263 (9th Cir. 1993). Under Rule 60(b)(6), the so-called catch-all provision, the party seeking relief "must demonstrate both injury and circumstances beyond his control that prevented him from proceeding with the action in a proper fashion." Latshaw v. Trainer Wortham & Co., Inc., 452 F.3d 1097, 1103 (9th Cir. 2006). In addition, the Ninth Circuit recently confirmed that "[t]o receive relief under Rule 60(b)(6), a party must demonstrate extraordinary circumstances which prevented or rendered him unable to prosecute his case." Lal v. California, 610 F.3d 518, 524 (9th Cir. 2010). This Rule must be "used sparingly as an equitable remedy to prevent manifest injustice and is to be utilized only where extraordinary circumstances prevented a party from taking timely action to prevent or correct an erroneous judgment."

(quoting United States v. Washington, 394 F.3d 1152, 1157 (9th Cir. 2005)). Any Rule 60(b) motion must be brought within a reasonable time and no later than one year after entry of judgment or the ...


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