The opinion of the court was delivered by: Daniel L. Hovland, District Judge United States District Court
ORDER GRANTING BADLANDS POWER FUELS'S MOTION TO VACATE AND DENYING AS MOOT EOG'S MOTION TO ALTER OR AMEND JUDGMENT
On March 31, 2008, the plaintiff, EOG Resources, Inc., filed a complaint in which it seeks a declaration of the rights and responsibilities of the parties under master service contracts that it entered into with the Defendants. The action resulted after a fire occurred at the Zacher Oil Well in Mountrail County, North Dakota on May 26, 2007, and employees of Defendant Badlands Power Fuels, LLC and Defendant B.O.S. Roustabout & Backhoe Service, Inc. were injured.
On June 5, 2009 and June 9, 2009, the Court issued orders denying B.O.S. Roustabout's motion for partial summary judgment (Docket No. 25) and granting EOG's motions for summary judgment (Docket Nos. 32 and 46). See Docket Nos. 56, 57, and 58. On June 10, 2009, judgment was entered accordingly. See Docket No. 59. On June 11, 2009, Badlands Power Fuels filed a "Motion for Relief from Judgment and Motion to Vacate Judgment" pursuant to Rule 60 of the Federal Rules of Civil Procedure. See Docket No. 60. Badlands Power Fuels states,
In an Order approving a Scheduling/Discovery Plan, dated June 16, 2008, a deadline of June 19, 2009, was approved for submission of dispositive motions. Defendant Badlands Power Fuels, LLC, ("Badlands") had not yet submitted a motion for summary judgment but had planned to do so by the deadline. Badlands had joined in the arguments proffered by BOS Roustabout and responded to EOG's motions for summary judgment. However, Badlands had not yet responded with its own motion for summary judgment.
On June 9, 2009, this Court entered Orders relating to a Motion for Summary Judgment filed by EOG Resources, Inc. ("EOG"). On June 10, 2009, a Judgment was entered consistent with the Orders granting summary judgment in this case.
Badlands respectfully requests relief from the Judgment as provided in Rule 60, F. R. Civ. P., and further requests this Court vacate the Judgment, dated June 10, 2009, and allow consideration of Badlands' Motion for Summary Judgment.
See Docket No. 61. On June 22, 2009, EOG moved for the judgment to be altered or amended to include specific language as to the rights and obligations of the parties. See Docket No. 65.
A party may seek relief from a judgment or order pursuant to Rule 60(b) of the Federal Rules of Civil Procedure for:
(1) mistake, inadvertence, surprise, or excusable neglect;
(2) newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under Rule 59(b);
(3) fraud (whether previously called intrinsic or extrinsic), misrepresentation, or misconduct by an opposing party;
(4) the judgment is void;
(5) the judgment has been satisfied, released or discharged; it is based on an earlier judgment that has been reversed or vacated; or applying it ...