United States District Court, N.D. Mississippi, Greenville Division
M. BROWN UNITED STATES DISTRICT JUDGE
the Court are numerous post-judgment motions filed by Jason
Relevant Procedural Background
April 16, 2018, on cross-motions for summary judgment, the
Court granted summary judgment in favor of Prairie Farms
Dairy, Inc. and entered a final judgment dismissing
this case with prejudice. Docs. #98, #99. Three days earlier,
on April 13, 2018, Alston's motion for sanctions alleging
spoliation of evidence by Prairie Farms was denied. Doc. #88.
April 27, 2018, Alston filed a motion for relief from
judgment and a motion for a new trial. Docs. #100, #102.
Prairie Farms responded in opposition to both motions on May
11, 2018. Doc. #107. Alston replied on May 14, 2018. Docs.
#110, #111, #112.
May 14, 2018, Alston filed a renewed motion for sanctions
alleging spoliation of evidence. Doc. #108. Prairie Farms
responded in opposition on May 29, 2018, Doc. #113; and on
June 13, 2018, Alston replied,  Doc. #123.
30, 2018, Alston filed three motions: a motion to compel the
testimony of Jeremy Odom, Doc. #114; a motion to compel
surveillance video footage, Doc. #115; and a motion for an
evidentiary hearing, Doc. #116. The next day, Alston filed
three more motions: a second motion for an evidentiary
hearing, Doc. #118; a second motion to compel surveillance
video footage, Doc. #119; and a motion to recuse or
disqualify the undersigned district judge and United States
Magistrate Judge Jane M. Virden,  Doc. #120. Prairie Farms
responded to all six motions. Docs. #124, #125, #126, #127.
Alston replied. Docs. #128, #129, #130, #131.
10, 2018, Alston filed a “Motion for Judicial Notice of
Defendant's and Attorneys' for the Defendant Fraud
upon the Court.” Doc. #135. Prairie Farms responded
in opposition, Doc. #141; and Alston replied, Doc. #142.
on July 20, 2018, Alston filed a “Motion for Sanctions
Pursuant to Federal Rule of Civil Procedure 11.” Doc.
#139. Prairie Farms responded in opposition, Doc. #143; and
Alston replied, Doc. #145.
Court addresses each of Alston's motions in turn.
Rule 60 Motion
contends that relief from the Court's judgment is
warranted under Federal Rule of Civil Procedure
60(b)-specifically subsections (2), (3) and (6). These
subsections provide, in pertinent part:
the court may relieve a party … from a final judgment,
order, or proceeding for the following reasons: …
(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 …, misrepresentation, or misconduct by an
opposing party; … or
(6) any other reason that justifies relief.
Fed. R. Civ. P. 60(b)(2), (3), (6).
that there is newly discovered evidence entitling him to
relief from judgment under Rule 60(b)(2), Alston attached to
his memorandum brief three documents: (1) a public record
request and incident report from the Kosciusko Police
Department, in which an officer states that he “watched
video from the cameras at Luvel and saw [a stolen] truck
leave the parking lot” while investigating a stolen car
in January 2017, Doc. #101-2 at 2; (2) an April 22, 2018,
declaration of Tim Lee, an employee of Prairie Farms, in
which Lee states that “[t]he area that … Alston
was assigned to does record footage, ” Doc. #101-3 at
1; and (3) an April 21, 2018, declaration of James Stewart
which states that Rodney Smith is “openly dishonest and
will say anything to get his way” and that Alston
helped Stewart, who “was a dock worker on the outside
[of] the building, ” Doc. #101-3 at 2.
response, Prairie Farms argues that the documents proffered
by Alston as newly discovered evidence are irrelevant,
immaterial, and, in any event, could have been ...