Gray v. Staley
320 F.R.D. 324
D.D.C.2017Background
- Plaintiff Linwood Gray sued defendants Harry and Joann Staley alleging they took his residence after a 1985 foreclosure; the district court dismissed the action as time-barred.
- Gray filed a Rule 60(b)(2) motion claiming newly discovered Prince George’s County property records show the foreclosure sale produced no surplus (contradicting the court’s assumed $50,000 surplus) and thus undermine the basis for dismissal.
- The motion was filed while the case was on appeal; the court noted it may consider a Rule 60(b) motion notwithstanding appellate review.
- Gray contended the property records are the "best evidence" and would have changed the outcome if available earlier.
- The court found the records were public since 1985, Gray gave no explanation for earlier non-production, and the timing of the foreclosure (not the amount recovered) was the dispositive fact for the limitations ruling.
- The court denied the Rule 60(b)(2) motion as the evidence was not newly discovered in a manner justifying relief and would not have changed the judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether newly discovered property records warrant Rule 60(b)(2) relief | Gray: records show no surplus from 1985 foreclosure, undermining the court's assumption and timeliness ruling | Staleys: (implicit) foreclosure timing and public record put Gray on inquiry notice regardless of surplus | Denied — records were public, not newly discovered with due diligence, and would not change outcome |
| Whether court may consider Rule 60(b) motion while appeal pending | Gray: motion should be considered despite appeal | Defendants: (implicit) district court may still act | Court: may consider Rule 60(b) motion during appellate review (citing precedent) |
Key Cases Cited
- Hoai v. Vo, 935 F.2d 308 (D.C. Cir. 1991) (district court may consider a Rule 60(b) motion while appeal is pending)
- West v. Holder, 309 F.R.D. 54 (D.D.C. 2015) (enumerating requirements for Rule 60(b)(2) relief)
- Duckworth v. United States ex rel. Locke, 808 F. Supp. 2d 210 (D.D.C. 2011) (denying Rule 60(b)(2) relief for public records not shown to be unavailable earlier)