Civ Rule 60 Federal and Ohio

[JarrettandAmber]

What is the name of your state? Ohio

Can a Plaintiff file a Rule 60b1 and 60b2 Motion for relief from Judgment or Order?
I am a pro se Plaintiff. My cases waswere dismissed, Federal District Court and State Court Ohio. The Federal District Court ruled that I lacked standing to be a criminal charge of theft against my employer. Pursuant to O.R.C. 2307.60A1 I am, as an injured party, permitted by law to seek civil action for relief b1. New unsubstantiated evidence in my case was discovered shortly after the dismissals and in time for motions for new trials. That evidenced was affirmed until the time for motioning a new trial had expired b2. As a Plaintiff does Rule 60 apply to me or only Defendants?

 

[FlyingRon]

What makes you think you have any standing to bring a civil action for theft in Federal Court? It matters not what "evidence" you have. You have to sue in a court that has proper jurisdiction.

You didn't explain what the order/judgment you got in Ohio court. Rule 60 gives the court the discretion, but not the obligation, to provide relief and applies to either party.

I'm not sure how "unsubstantiated evidence" is going to help your cause even if you are given reconsideration.

This isn't the Bob Evans thing is it?

 

[JarrettandAmber]

What makes you think you have any standing to bring a civil action for theft in Federal Court? It matters not what "evidence" you have. You have to sue in a court that has proper jurisdiction.

You didn't explain what the order/judgment you got in Ohio court. Rule 60 gives the court the discretion, but not the obligation, to provide relief and applies to either party.

I'm not sure how "unsubstantiated evidence" is going to help your cause even if you are given reconsideration.

I filed a Complaint in State Court. Among other things I alleged racketeering. The Defendant removed the case to Federal District Court due to the Racketeering charge. The larger part of the Complaint is retaliation. I assumed retaliation was illegal in the work place but apparently that is only true if you reside in a protected class. Turns out that after dismissal I can now argue that I reside in a protected class (Gender). I have it on authority from to persons relevant to the case that the treatment I received was opposite of what female employees had received for the exact same transgressions. The idea is that 60(b)(2) applies. 60(b)(1) applies because I had Amended the Complaint to include a State Statue. That State Statute grants me the right to seek damages for theft in a civil tort. The Court ruled that I lacked standing to do so. Did the Court err or did I lack standing bringing the matter before a Federal Court?

State Court was dismissed for failure to state a claim for which relief can be granted.

 

[FlyingRon]

I'm pretty sure I read your docs up at the Federal Level, you've got no chance there.

If they dismissed you for "failure to state a claim for which relief can be granted," the "EVIDENCE" is immaterial. Essentially, what that says that even if they accept everything you said in your complaint as the God's honest truth, you still wouldn't win. 60b isn't going to help you as a result.

 

[JarrettandAmber]

I'm pretty sure I read your docs up at the Federal Level, you've got no chance there.

If they dismissed you for "failure to state a claim for which relief can be granted," the "EVIDENCE" is immaterial. Essentially, what that says that even if they accept everything you said in your complaint as the God's honest truth, you still wouldn't win. 60b isn't going to help you as a result.

I am not looking to win at this point, just looking for the opportunity to present the facts, new or otherwise, with the purpose of Amending.

 

[FlyingRon]

I am not looking to win at this point, just looking for the opportunity to present the facts, new or otherwise, with the purpose of Amending.

Federal and state courts do not exist for you as a bully pulpit. You can only submit evidence in support of a valid course of action.

 

[JarrettandAmber]

Federal and state courts do not exist for you as a bully pulpit. You can only submit evidence in support of a valid course of action.

bully pulpit? If I am presenting evidence (new 60(b)(2)) that shows a valid course of action......

 

[FlyingRon]

No, you are not. Your case has already been decided. When you were dismissed for failure to state a valid course of action, there's no amount of additional evidence that can change that.

 

[Taxing Matters]

What is the name of your state? Ohio

Can a Plaintiff file a Rule 60b1 and 60b2 Motion for relief from Judgment or Order?
I am a pro se Plaintiff. My cases waswere dismissed, Federal District Court and State Court Ohio. The Federal District Court ruled that I lacked standing to be a criminal charge of theft against my employer. Pursuant to O.R.C. 2307.60A1 I am, as an injured party, permitted by law to seek civil action for relief b1. New unsubstantiated evidence in my case was discovered shortly after the dismissals and in time for motions for new trials. That evidenced was affirmed until the time for motioning a new trial had expired b2. As a Plaintiff does Rule 60 apply to me or only Defendants?

As I understand the facts, you sued in state court, the state court action was removed to federal court by the defendant, which could only have occurred because you alleged a federal claim in your lawsuit — the racketeering charge. The federal court then dismissed the case saying that you either failed to state a claim or lacked standing, which is not surprising since theft/criminal racketeering charges cannot be brought in a federal lawsuit and there is no federal civil claim for that either.

What were the actual facts? What did the employer do to you for which you want to sue?

Note that for a federal claim of illegal sex discrimination or retaliation for raising a sex discrimination you first have to make a timely charge of the illegal discrimination with the EEOC and get a right to sue letter from the EEOC. Then you must sue for the illegal discrimination within 60 days of receiving that letter. If you don't have in hand that letter now and are still within that 60 days you cannot file a claim on federal illegal discrimination. Other than that, the sparse facts we have here do not suggest any basis for being in federal court.

Since the case was dismissed from federal court, if you want another shot at state law claims that you have, you'd generally need to file a new complaint in the state courts.

I suggest you see an Ohio attorney for advice. I get the feeling you don't really know what the proper claims are to bring, if you might have any good cause of action at all. Knowing exactly what the employer did that you complain about would be important to figuring out if you have anything you can pursue.

 

[FlyingRon]

He's got quite a collection of lawsuits going at the state level. Pretty much all got dismissed either for failure to state claims, that the point had already been decided in a previous suit, or allowed him to voluntarily withdraw them after losing motions for summary judgments from the opposition.

 

[Litigator22]

What is the name of your state? Ohio

Can a Plaintiff file a Rule 60b1 and 60b2 Motion for relief from Judgment or Order?
I am a pro se Plaintiff. My cases waswere dismissed, Federal District Court and State Court Ohio. The Federal District Court ruled that I lacked standing to be a criminal charge of theft against my employer. Pursuant to O.R.C. 2307.60A1 I am, as an injured party, permitted by law to seek civil action for relief b1. New unsubstantiated evidence in my case was discovered shortly after the dismissals and in time for motions for new trials. That evidenced was affirmed until the time for motioning a new trial had expired b2. As a Plaintiff does Rule 60 apply to me or only Defendants?

You are simply plain nuts as in squirrelly. Nothing you have written makes sense. You contend that you have a justifiable cause of action pursuant to ORS 2307.60A1 *, yet you have failed to describe a specific criminal act allegedly to have been committed by the defendant(s) that proximately resulted in injury to your person or your property. Nor have you specified what injuries have been supposedly inflicted.

Nor have you cited any authority holding that your nebulous terms "racketeering" and "retaliation" are criminal acts contemplated under the Ohio statute.

It appears that the federal court remitted your ill-advised lawsuit back to state court where it was promptly and summarily dismissed under Rule 12(b) (6) of the Ohio Rules of Civil Procedure.

Summarily meaning that there was NO trial in the state court rendering vacuous your claim to have belatedly discovered "new unsubstantiated evidence" (whatever the hell that means) Meaningless because NO evidence - new or old - has been introduced! In your befuddled mind perhaps, but not in a court of law.

Likewise flawed is your interpretation of Rule 60(B)(2) where you seem to be hopelessly clinging. Read it again, doofus! It has nothing whatsoever to do with evidence that is discovered subsequent to a cause of action (yours) having been dismissed pursuant to Rule 12(b) (6). It expressly applies to newly discovered evidence that could not have been reasonably discovered in time to move for a new trial.

What new trial? The wheels of justice have rightfully denied you a plenary trial of your specious, bull s____ claims and for the good of the system will continue to do so!

What isn't made clear is how you seem to have avoided the imposition of Rule 11 sanctions. Or have you?
__________________________________

[*] Anyone injured in person or property by a criminal act has, and may recover full damages in, a civil action unless specifically excepted by law, may recover the costs of maintaining the civil action and attorney's fees if authorized by any provision of the Rules of Civil Procedure . . . "

 

[FlyingRon]

Haven't seen it yet, but it's amazing that he hasn't.

He filed in state court against which was removed because of his concurrent federal filing.
The federal court dismissed it for failure to state a federal claim.
It went back to state court and was dismissed for failure to state a claim.
There was also a small claims action removed for asking for more than the jurisdictional limt.
There was another suit that was allowed to be withdrawn in almost certain anticipation that the summary judgment for res judica would have been granted (defendant going for third bite of the apple after losing once in federal and once in state court).

Poster claims he doesn't care about winning, just wants to get a chance to present evidence.
As the lady says in the commercial: That's not how this works. That's not how any of this works.

 

[JarrettandAmber]

You are simply plain nuts as in squirrelly. Nothing you have written makes sense. You contend that you have a justifiable cause of action pursuant to ORS 2307.60A1 *, yet you have failed to describe a specific criminal act allegedly to have been committed by the defendant(s) that proximately resulted in injury to your person or your property. Nor have you specified what injuries have been supposedly inflicted.

Nor have you cited any authority holding that your nebulous terms "racketeering" and "retaliation" are criminal acts contemplated under the Ohio statute.

It appears that the federal court remitted your ill-advised lawsuit back to state court where it was promptly and summarily dismissed under Rule 12(b) (6) of the Ohio Rules of Civil Procedure.

Summarily meaning that there was NO trial in the state court rendering vacuous your claim to have belatedly discovered "new unsubstantiated evidence" (whatever the hell that means) Meaningless because NO evidence - new or old - has been introduced! In your befuddled mind perhaps, but not in a court of law.

Likewise flawed is your interpretation of Rule 60(B)(2) where you seem to be hopelessly clinging. Read it again, doofus! It has nothing whatsoever to do with evidence that is discovered subsequent to a cause of action (yours) having been dismissed pursuant to Rule 12(b) (6). It expressly applies to newly discovered evidence that could not have been reasonably discovered in time to move for a new trial.

What new trial? The wheels of justice have rightfully denied you a plenary trial of your specious, bull s____ claims and for the good of the system will continue to do so!

What isn't made clear is how you seem to have avoided the imposition of Rule 11 sanctions. Or have you?
__________________________________

[*] Anyone injured in person or property by a criminal act has, and may recover full damages in, a civil action unless specifically excepted by law, may recover the costs of maintaining the civil action and attorney's fees if authorized by any provision of the Rules of Civil Procedure . . . "

I am really not sure what the personal attacks are about. When I filed the original suit i didn't specify any specific statutes because I don't know anything about the legal system. My employer had practiced holding server credit card tips for up to 14 days and then paying those tips to payroll. I had consulted an attorney (as part of another class action lawsuit that I was a member or against this employer) regarding the practice. He assumed like me that it was probably illegal. I spoke with the company's legal representative and explained my stance that the company had been illegally profiting off of my money and not returned the profits too me. The had been going on for decades. Months later, they quit the practice.

When they removed the case to Federal Court they assumed that what I was bringing about was a RICO claim. So I bit, and tried to prove RICO. Which obviously I couldn't do. The other part of my suit was with regard to retaliation and discrimination. I didn't know at the time that discrimination in the workplace in Ohio is fine unless you reside in a protected class. After the cases were dismiss (one federal against the employer and one state against a manager) I learned that discrimination did occur and I am in a protected class. I was discipline for speaking to employees about organizing a union, solicitation was the violation. I have it on authority from two managers that they never disciplined female employees for solicitation despite numerous violations over the years that these two managers worked there. Confimation of this came after my 28 day period to request a new trial.

Mainly I was only asking if a Plaintiff had the right to file a Rule 60, maybe I should have only stated as much. Thank you for the advice.

 

[quincy]

I am really not sure what the personal attacks are about. When I filed the original suit i didn't specify any specific statutes because I don't know anything about the legal system. My employer had practiced holding server credit card tips for up to 14 days and then paying those tips to payroll. I had consulted an attorney (as part of another class action lawsuit that I was a member or against this employer) regarding the practice. He assumed like me that it was probably illegal. I spoke with the company's legal representative and explained my stance that the company had been illegally profiting off of my money and not returned the profits too me. The had been going on for decades. Months later, they quit the practice.

When they removed the case to Federal Court they assumed that what I was bringing about was a RICO claim. So I bit, and tried to prove RICO. Which obviously I couldn't do. The other part of my suit was with regard to retaliation and discrimination. I didn't know at the time that discrimination in the workplace in Ohio is fine unless you reside in a protected class. After the cases were dismiss (one federal against the employer and one state against a manager) I learned that discrimination did occur and I am in a protected class. I was discipline for speaking to employees about organizing a union, solicitation was the violation. I have it on authority from two managers that they never disciplined female employees for solicitation despite numerous violations over the years that these two managers worked there. Confimation of this came after my 28 day period to request a new trial.

Mainly I was only asking if a Plaintiff had the right to file a Rule 60, maybe I should have only stated as much. Thank you for the advice.

Please don't take offense at the wording of Litigator's post. His delivery of information tends to be the same for everyone. Tact is apparently something he never learned.

I am afraid you would have benefited greatly from attorney assistance when you first were contemplating filing suit. I see few options left to you, based strictly on what you have posted here, but you could/should seek out a personal review of all of your court documents, from an attorney in your area, to better determine where you now stand legally.

Good luck.

 

[JarrettandAmber]

You are simply plain nuts as in squirrelly. Nothing you have written makes sense. You contend that you have a justifiable cause of action pursuant to ORS 2307.60A1 *, yet you have failed to describe a specific criminal act allegedly to have been committed by the defendant(s) that proximately resulted in injury to your person or your property. Nor have you specified what injuries have been supposedly inflicted.

Nor have you cited any authority holding that your nebulous terms "racketeering" and "retaliation" are criminal acts contemplated under the Ohio statute.

It appears that the federal court remitted your ill-advised lawsuit back to state court where it was promptly and summarily dismissed under Rule 12(b) (6) of the Ohio Rules of Civil Procedure.

Summarily meaning that there was NO trial in the state court rendering vacuous your claim to have belatedly discovered "new unsubstantiated evidence" (whatever the hell that means) Meaningless because NO evidence - new or old - has been introduced! In your befuddled mind perhaps, but not in a court of law.

Likewise flawed is your interpretation of Rule 60(B)(2) where you seem to be hopelessly clinging. Read it again, doofus! It has nothing whatsoever to do with evidence that is discovered subsequent to a cause of action (yours) having been dismissed pursuant to Rule 12(b) (6). It expressly applies to newly discovered evidence that could not have been reasonably discovered in time to move for a new trial.

What new trial? The wheels of justice have rightfully denied you a plenary trial of your specious, bull s____ claims and for the good of the system will continue to do so!

What isn't made clear is how you seem to have avoided the imposition of Rule 11 sanctions. Or have you?
__________________________________

[*] Anyone injured in person or property by a criminal act has, and may recover full damages in, a civil action unless specifically excepted by law, may recover the costs of maintaining the civil action and attorney's fees if authorized by any provision of the Rules of Civil Procedure . . . "

Haven't seen it yet, but it's amazing that he hasn't.

He filed in state court against which was removed because of his concurrent federal filing.
The federal court dismissed it for failure to state a federal claim.
It went back to state court and was dismissed for failure to state a claim.
There was also a small claims action removed for asking for more than the jurisdictional limt.
There was another suit that was allowed to be withdrawn in almost certain anticipation that the summary judgment for res judica would have been granted (defendant going for third bite of the apple after losing once in federal and once in state court).

Poster claims he doesn't care about winning, just wants to get a chance to present evidence.
As the lady says in the commercial: That's not how this works. That's not how any of this works.

Two separate cases. One was against the employer, the one removed to federal court. The other case was against a manager.

As I understand the facts, you sued in state court, the state court action was removed to federal court by the defendant, which could only have occurred because you alleged a federal claim in your lawsuit — the racketeering charge. The federal court then dismissed the case saying that you either failed to state a claim or lacked standing, which is not surprising since theft/criminal racketeering charges cannot be brought in a federal lawsuit and there is no federal civil claim for that either.

What were the actual facts? What did the employer do to you for which you want to sue?

Note that for a federal claim of illegal sex discrimination or retaliation for raising a sex discrimination you first have to make a timely charge of the illegal discrimination with the EEOC and get a right to sue letter from the EEOC. Then you must sue for the illegal discrimination within 60 days of receiving that letter. If you don't have in hand that letter now and are still within that 60 days you cannot file a claim on federal illegal discrimination. Other than that, the sparse facts we have here do not suggest any basis for being in federal court.

Since the case was dismissed from federal court, if you want another shot at state law claims that you have, you'd generally need to file a new complaint in the state courts.

I suggest you see an Ohio attorney for advice. I get the feeling you don't really know what the proper claims are to bring, if you might have any good cause of action at all. Knowing exactly what the employer did that you complain about would be important to figuring out if you have anything you can pursue.

My employer disciplined me for solicitation. I had spoken to other employees about forming a union (discrimination). They held an emergency meeting offsite for purposes of quashing the union initiative and moving towards my termination. Months earlier I had spoken to the legal department regarding the company's practice of withholding credit cards tips for up to 14 days before paying those tips to payroll. My concern was that the company was profiting on that money and was not returning all or even a portion of that profit to me. About the same time that I brought up the idea of the union they quit the practice. They now pay the credit card tips to a pay card within 24 hours. To me that is an admittance of violating the law. The only thing that I actually new at the time is that I didn't need an EEOC letter to sue at the State level. They removed the case to Federal Court.

I then filed a complaint against the lowest level manager involved in retaliation. The claim was dismissed because of my not being a member of a protected class, although the court held all of my allegations as being true. The Court would be correct and the employer knows this also sense no counter suit. Days (literally) after the dismissal I spoke to a former manager of that store who insisted that me being disciplined for solicitation made absolutely no sense. In all of his years working there no employee had been disciplined for solicitation. He mentioned all of the female employees that spent time selling girl scout cookies and other fundraisers for their kids, isn't that solicitation? I thought, yeah it is and I assume it then put me in a class of gender discrimination. My thought at the time was that this is only one person suggesting this, I felt I would need someone to affirm his claim. Two months later I spoke to another former manager (higher up even) who confirmed the other managers claim. This second manager actually worked at multiple stores and never knew of one person cited for solicitation. So my thought was to have each sign an affidavit attesting as much and present it to the Courts (The federal case and the state case) as the new (to me) evidence pursuant to Rule 60 of the FRCP and the ORCP.