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Shelton v. Oak Ridge National Laboratory, 95-CAA-19 (ALJ Mar. 26, 1998)


U.S. Department of Labor
Office of Administrative Law Judges
800 K Street, N.W.
Washington, D.C. 20001-8002

DATE: March 26, 1998
CASE No.: 95-CAA-19

In the Matter of

BRENDA W. SHELTON,
    Complainant,

    v.

OAK RIDGE NATIONAL LABORATORY; LOCKHEED MARTIN
ENERGY SYSTEMS, INC.; MARTIN MARIETTA CORPORATION;
MARTIN MARIETTA TECHNOLOGIES, INC.; LOCKHEED MARTIN
CORPORATION; UNITED STATES DEPARTMENT OF ENERGY;
DR. WILBUR SHULTS
1
    Respondents.

ORDER DENYING RECONSIDERATION

   By letter motions of March 14, 1998 and March 19, 1998, Complainant, through counsel, has moved for reconsideration of the undersigned's August 2, 1995 Order denying an entry of default judgment against Respondent. On March 19, 1998, Respondent Lockheed Martin filed a response opposing reconsideration.

   Guidance for consideration of motions for reconsideration is found in the Federal Rules of Civil Procedure (as incorporated by 29 C.F.R. § 18.1(a)). The two possibly applicable rules are Rule 59, New Trials; Amendment of Judgments, and Rule 60, Relief for Judgment or Order. Under Rule 59(e), "a motion to alter or amend the judgment shall be served not later than 10 days after entry of the judgment." Under Rule


[Page 2]

60, a motion for relief from an order must be made "within a reasonable time," and for several grounds such as mistake, inadvertence, newly discovered evidence, or fraud, "not more than one year after the ... order ... was entered." Complainant's motion for reconsideration was filed more than 2 years and 7 months after entry of the order, and is therefore untimely. Accordingly, Complainant's motion for reconsideration is DENIED.

   SO ORDERED.

      JOHN M. VITTONE
      Chief Administrative Law Judge

JMV/trs

[ENDNOTES]

1Dr. Shults was dismissed by stipulation after this matter had been assigned to Administrative Law Judge Pamela Lakes Wood for hearing.



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