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Re: Keyser post# 263346

Tuesday, 04/07/2020 6:47:20 AM

Tuesday, April 07, 2020 6:47:20 AM

Post# of 447763
Keyser- It’s possible to do both right? By filing the notice of appeal you more or less lock Du into either reconsidering or not...no way for her to muddy the waters further. I could be wrong but I still think motion to reconsider is live until Friday.

I think when facts are incorrect its possible to do both in this order...I could be wrong, below is an opinion that states “usually” Judge can’t reconsider,.... but is fact the exception? If Judge has incorrectly asserted fact I think under rule 60, she can cleanly reverse decision by only correcting fact. The fact Mori is irrelevant to Marine flips her decision....nothing for Defendants to whine about and the defendants can then appeal on procedure and the correct facts.

JMO

It depends. In some cases, you can file both a Motion for Reconsideration and, if the judge does not change his or her mind, you can then file an Appeal. After you file an Appeal, the Judge usually cannot reconsider his or her own decision. ... You cannot appeal every decision that a judge makes.



https://www.lawhelp.org/dc/resource/appeals-and-motions-for-reconsideration-in-la







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