![]() ![]() (h) The filing of a motion for reconsideration will not stay the effect of any decision or order and will not affect the finality of any decision or order for purposes of judicial review, unless so ordered by the Commission. ![]() (g) If the Commission grants the motion, it may reverse or modify the decision, in whole or in part, from which reconsideration is sought or may remand to the Chair for further consideration. ![]() and denying Defendant NLRB’s cross-motion for summary judgment and motion to transfer. The instant motion is not construed as an independent action under Rule 60(d) for the reason that. and (3) set aside a judgment for fraud on the court. judgment and entering judgment in Plaintiff’s favor with respect to Count One of its Complaint. FRCP RULE 60(b) 1 Rule 60(d)(1) & (3) provide that Rule 60 does not limit a court’s power to: (1) entertain an independent action to relieve a party from a judgment. The Commission shall issue a brief statement of the reason(s) for its decision. On May 30, 2020, this Court issued an Order granting Plaintiff’s motion for summary. (f) The Commission shall issue a decision on reconsideration within 30 days of the filing of the reply brief or of the expiration of the time to file a reply brief, whichever is later. 397 (1) Within 10 days after the making of an order, or within such other time as the Court may allow, a party may serve. (e) A reply brief to the brief in opposition shall be filed within 15 days of service of the brief in opposition. (d) Opposition briefs shall be filed within 20 days after the motion is filed. (c) A party may file only one motion and accompanying brief for reconsideration. A motion for reconsideration shall explain the circumstances requiring reconsideration. (b) A motion for reconsideration and accompanying brief shall be filed within 30 days of the date of the Commission's final decision and shall be served on all parties, limited participants, and intervenors, if any. (3) A manifest injustice, clearly apparent or obvious on its face, will occur if the motion for reconsideration is not granted. (2) The final decision was based on an erroneous interpretation of law or there has been an intervening change in the controlling law or (1) New and material evidence is now available that, despite the party's due diligence, was not available when the record closed (a) Motions for reconsideration may be made only for final decisions on appeal and will only be granted if a party can establish that: This Note explains when a judgment may be altered or amended under FRCP 59(e), what a motion to alter or amend a judgment must specify, who can move to alter or amend a judgment, when the motion must be filed, and grounds for the motion. § 581.6 How do I file a motion for reconsideration? A Practice Note discussing motions to alter or amend a judgment under Federal Rule of Civil Procedure (FRCP) 59(e) (sometimes called motions for reconsideration). ![]()
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