Judge Courtney (“CD”) Jones goes round about to toss a motion for reconsideration (Rule 162) in Pamela Moretti, Petitioner, and John C. Moretti, Intervenor, Docket No. 5983024, filed 6/2/25.

Judge CD Jones discusses Rule 162 (discretion, but. no guidelines) and FRCP 60 (a showing of unusual circumstances or substantial error, such as mistake, inadvertence, surprise, excusable neglect, newly discovered evidence, fraud, or other reason justifying relief). Pam’s motion to vacate the stiped decision flunks all Judge CD Jones’ tests, applied with somber reasoning and copious citation of precedent.

Taishoff says what I don’t understand is that, if this is a stipulation, why not apply straight contract rules. Stipulations can be set aside only as a contract would be set aside. Of course, setting aside decisions invokes an even stricter standard. All Pam has is unilateral mistake, which is a nonstarter even under contract law.

“In the Motion, Ms. Moretti argues that “this Court erred as a matter of fact and as a matter of law” by entering the PSD [Proposed Stipulated Decision] submitted by the parties because the Court failed to consider ‘Petitioner’s claim for allocation of the existing credit balance of $138,877.12.’ Notably, Ms. Moretti continues to be represented by the same attorney who signed the Settlement Stipulation and PSD on her behalf.” Order, at p. 1.

I point out Pam’s trusty attorney, whom I’ll call YY, comes from a LITC. If Pam is truly broke, she may have no real choice of counsel. That said, “any purported mistake falls squarely at the feet of Ms. Moretti, not the Court.” Order, at p. 2.

YY may get The Phone Call. No good deed…but you know the rest.