Motion for reconsideration

A motion for reconsideration in federal district court is governed by either Federal Rule of Civil Procedure 59(e) or 60(b). See Anyanwuaktu v. Moore, 151 F.3d 1053, 1057 (D.C. Cir. 1998).

To determine the proper Rule to apply, the Court must look to the timing of the plaintiff's motion and the grounds for relief stated therein. See Butler v. Robinson, 636 F.2d 526, 529 (D.C. Cir. 1980).

Rule 59(e)

A party may file a motion to alter or amend a judgment within "10 days after entry of the judgment." Fed.R.Civ.P. 59(e).

Rule 60(b)

A party may seek relief from a final judgment "within a reasonable time" after entry of the final judgment, but only for reasons specified in the Rule. Fed R. Civ. P. 60(b).

Rule (60)(b) Grounds for Relief from a Final Judgment, Order, or Proceeding. 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 by an opposing party;

(4) the judgment is void;

(5) the judgment has been satisfied, released, or discharged; it is based on an earlier judgment that has been reversed or vacated; or applying it prospectively is no longer equitable; or

(6) any other reason that justifies relief.