Simmons
Simmons v. Doane
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 ROBERTA E. SIMMONS, Case No. 20-cv-01044-VKD
Plaintiff, ORDER RE PLAINTIFF'S FEBRUARY v. 17, 2021 FILING
JOHN DOANE, Re: Dkt. No. 32 Defendant.
13 On February 5, 2020, the Court granted defendant John Doane’s motion to dismiss Ms. Simmons’s amended complaint without leave to amend, entered judgment and closed this matter. Dkt. Nos. 30, 31. On February 17, 2021, Ms. Simmons filed a document in which she appears to ask the Court to reconsider her claims. Dkt. No. 32. Broadly construing Ms. Simmons’s filing as a Rule 59(e) motion to alter or amend the judgment or as a Rule 60(b) motion for relief from judgment, the Court denies Ms. Simmons’s motion. “Where the court’s ruling has resulted in a final judgment or order (e.g., after dismissal or summary judgment motion), a motion for reconsideration may be based either on Rule 59(e) (motion to alter or amend…