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eightisenough

03/07/21 5:21 PM

#328564 RE: Bouf #328561

bouf-I have to go back and double check--but I think "mistake" is more broad than clerical mistake for purpose of rule 60.

8

marjac

03/07/21 8:32 PM

#328601 RE: Bouf #328561

Relevant excerpt from the Brief:

A District Court has the discretion to correct a judgment for mistakes made by the judge. Fid. Fed. Bank, FSB v. Durga Ma Corp., 387 F.3d 1021, 1024 (9th Cir. 2004); Kingvision Pay-Per-View Ltd. v. Lake Alice Bar, 168 F.3d 347, 350 (9th Cir. 1999); Bayview Loan Servicing, LLC v. Trejo, 2019 WL 6134471 at *1 (D. Nev. 2019); Finley v. Nevada, 2015 WL 8490928 at *1 (D. Nev. 2015). This includes both mistakes of law, and mistakes of fact. San Luis & Delta-Mendota Water Auth. v. U.S. Dep't of Interior, 624 F. Supp. 2d 1197, 1208 (E.D. Cal. 2009), aff'd sub nom. San Luis & Delta-Mendota Water Auth. v. United States, 672 F.3d 676 (9th Cir. 2012). A mistake warranting vacation of a judgment occurs “where the court changes its mind because it made a legal or factual mistake in making its original determination.” U.S. ex rel. Guardiola v. Renown Health, 2017 WL 6886075 at *1 (D. Nev. 2017) (quoting Blanton v. Anzalone, 813 F.2d 1574, 1576 n. (9th Cir. 1987)).