United States District Court, E.D. Louisiana
DANIEL E. KNOWLES, III, District Judge.
Before the Court is the Motion for Relief from Judgment Pursuant to FRCP 60(b) [Doc. #127] filed by plaintiff Anderson Wallace, Jr. Having reviewed the motion, the opposition, and the case law, the Court rules as follows.
Pro se plaintiff, Anderson Wallace, Jr., filed this complaint against his employer Magnolia Family Services, L.L.C. ("Magnolia" or "defendant"), in which Terrebonne Parish School Board is an alleged stakeholder. Wallace works as a counselor for children with Attention Deficit Hyperactivity Disorder. Wallace is a recovering user of narcotics who has been drug-free for many years. Wallace alleges that Magnolia has an employment practice or policy that operates to exclude African-Americans with criminal backgrounds from continued employment with it. Wallace maintains that Magnolia wrongfully discharged him after he was charged in a domestic-violence incident that was subsequently refused by the Thirty-Second Judicial District Attorney's Office.
Wallace now sues defendant for race discrimination under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. (a disparate-impact claim). Wallace also sued under the Americans with Disabilities Act ("ADA") because Magnolia allegedly factored his past drug use into his discharge. He also sued under Louisiana Civil Code article 2315. Magistrate Judge Wilkinson dismissed these last two claims for failure to exhaust and failure to amend, respectively. Thus, the only claim that remained at the time of the motion for summary judgment was Wallace's disparateimpact claim.
On December 29, 2014, this Court granted defendant's motion for summary judgment and denied Wallace's cross-motion. [Doc. #121]. On January 8, 2015, this Court denied Wallace's motion for reconsideration. [Doc. #125]. Wallace now moves for relief under Federal Rule of Civil Procedure 60(b). Specifically, Wallace seeks relief under Subsections (b)(1), (b)(3) and (b)(4), and (b)(6).
II. Law and Analysis
A Rule 60(b) motion calls into question the correctness of a judgment. Under Rule 60(b), the Court may "relieve a party from a final judgment" for one of six enumerated 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 ...