Drevaleva

Drevaleva v. Department of Veterans Affairs

Good Law
United States District Court, Northern District of CaliforniaMarch 2, 20204:19-cv-05927California833 words

Opinion

Trial Court Opinion

INTRODUCTION

18 Pro se plaintiff Tatyana Drevaleva has filed three previous employment suits against 19 various Veterans Affairs offices and officers alleging discrimination for her termination and 20 for their refusal to rehire her after she left without leave. Here, in her fourth of six lawsuits, 21 Ms. Drevaleva’s claims have been previously dismissed as res judicata (Dkt. No. 34). 22 Ms. Drevaleva now objects, filing: (1) a Rule 60 motion for relief from judgment; and 23 (2) an affidavit of bias and prejudice. For the following reasons, all relief is DENIED. 24 First, Ms. Drevaleva does not satisfy her burden under Rule 60. A Rule 60(a) motion for 25 relief from judgment corrects clerical mistakes or mistakes arising from oversight or omission 26 in an order. A Rule 60(b) motion permits relief from a judgment, where “appropriate to 27 accomplish justice,” in cases such as a party’s excusable neglect, opposing party’s misconduct, discovery of new evidence, lack of subject-matter jurisdiction, or other “extraordinary circumstances.” See Henson v. Fidelity Nat’l Fin., Inc., 943 F.3d 434, 443 (9th Cir. 2019). Ms. Drevaleva argues no such errors in her motion.…

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