Free Motion to Stay - District Court of Arizona - Arizona

. FILED _________ LODGED
_w_ RECEIVED H__ COPY
WYVONNA M BARNETT ‘ ’ ‘ · . I
5U6EAST MGKAMEY I MAY I I 2006
AYSON ARIZONA S’5‘“ cLEn+< u s msrmcr ceum
DIST
1922: 474 5609 OR 1 czs ova 3203 BY Hm OF AHE'Z°,§*QpUTY
REPRESENTING SELF
UNITED STATES DISTRICT COURT
DISTRICT OF ARIZONA
WYVONNA M BARNETT CASE NO. CV. 03 2566
PLAINTIFF
VS MOTION TO STAY EXCUTION
MESA GENERAL HOSPITAL OF IUDGEMENT
AND BASHAS INC AND ET ALL
DEFENDANTS
REGARDING COURTS RULING GRANTING SUMMARY IUDGEPAENTS TO
DEFENDANTS MESA GENERAL HOSPITAL AND BASHAS INC. AND ET AL
.(SEPERATELY } TWO DIFFERENT RULINGS .
ACCORDING TO FEDERAL RULES OF CIVIL PROCEDURE RULE 59 STATES:
THE COURT MAY STAY ANY EXCUTION OF OR ANY PROCEEDINGS
TO ENFORCE A JUDGEMENT PENDING THE- DEPOSITION OF A MOTION FOR A NEW
TRIAL .
OR OF A MOTION FOR A JUDGEMENT MADE PURSUANT TO RULE 60
OR OF A MOTION FOR AMENDANT TO THE FINDINGS OR FOR ADDITIONAL
FINDINGS MADE PURSUANT TO RULE 52 (B)
GROUNDS
ACCORDING TO FEDERAL RULES OF PROCEDURE VII IUDGEMENT
RULE 59 (A) A NEW TRIAL MAY BE GRANTED TO ALL- OR ANY OF THE PARTIES
( 2 ) IN AN ACTION TRIED ( WITHOUT ) A IURY =
FOR ANY OF TI-IE REASONS FOR WI—HCH REHEARINGS HAVE HERETOFORE BEEN
GRANTED IN SUITS IN EQUITY OF THE COURTS OF THE UNITED STATES. ON A
MOTION FORA NEW TRIAL IN AN ACTION TRIED WITHOUT A IURY .
Case 2:03—cv—02566—ROS Document 117 Filed 05/11/2006 Page1 0f3

THE COURT MAY OPEN TI-IE JUDGEMENT IF ONE HAS BEEN ENTERED , TAKE
ADDITIONAL TESTIMONY , AMEND FINDINGS OF FACT AND CONCLUSIONS OR
MAKE NEW FINDINGS AND CONCLUSIONS AND DIRECT THE ENTRY OF A NEW
JUDGEMENT.
ACCORDING TO FEDERAL RULES OF CIVIL PROCEDURE V'II. IUDGEMENT
RULE 60 ( B )
ON MOTION AND UPON SUCH TERMS TI-IAT ARE IUST , TI-[E COURT MAY RELIEVE
A PARTY OR A PARTYS LEGAL REPRESENTATIVE FROM A FINAL IUDGEMENT ,
ORDER , OR PROCEEDING FOR THE FOLLOWING>
RULE 6I} (B)
( I ) MISTAKE , INADVERRTENCE, SURPRISE , OR EXCUSABLE NEGLECT ;
(2) NEWLY DISCOVERED EVIDENCE WI-HCH BY DUE DILIGENCE COULD NOT HAVE
BEEN DISCOVERED IN TIIMIE TO MOVE FOR A NEW TRLAL UNDER RULE 59(B)
( 3 ) (FRAUD ) ( WHETHER I-IERETOFORE DOMINATED INTRISNIC OR EXTRINSIC)
REPRESENTATION OR ( OTI-IER MISCONDUCT OF AN ADVERSE PARTY .)
( 4 ) THE IUDGEMENT IS VOID
( 5 ) THE JUDGEMENT HAS BEEN SATISFIEDI RELEASED , OR DISCHARGED , OR A
PRIOR TUDGEMENT UPON WHICH IT IS BASED HAS BEEN REVERSED OR OTHERWISE
VACATED. , OR IT IS NO LONGER EQUTTABLE TI—LAT THE IUDGEMENT SHOULD
HAVE PROSPECTIVE APPLICATION
{6 ) OR FOR. ANY OTHER REASON JUSTIFYING RELIEF FROM THE OPERATION OF
IUDGEMENT .
FOR REASONS (I) ( 2 ) AND ( 3 _) NOT MORE THAT ONE YEAR AFTER JUDGEMENT
, ORDER , AFTER PROCEDING WAS ENTERED OF TAKEN., .... THIS RULE DOES
NOT LIMIT THE POWER OF A COURT TO ENTERTAIN AN INDEPENDENT ACTION TO
RELIEVE A PARTY FROM A IUDGEMENT , ORDER OR PROCEDING OR TO GRANT
RELIEF TOA DEFENDANT NOT ACTUALLY PERSONALLY NOT AS PROVIDED IN TI'I`LE
28 U.S.C. 1655 OR TO SET ASIDE A JUDGEMENT FOR FRAUD UPON THE COURT.
WRITS OF CORAM NOBIS, CORAM VOBIS , AUDITA QUERELA AND BILLS OF REVIEW
AND IN NATURE OA A BILL OF REVIEW , ( ARE ABOLISI-IED)
AND THE PROCEDURE FOR OBTAINING RELIEF FROM A IUDGENENT SI-IALL BE BY
MOTION AS PRESCRIBED IN THESE RHJLES OR BY AN INDEPENDENT ACTION.
Case 2:03—cv—02566—FIOS Document 117 Filed 05/11/2006 Page 2 of 3

RIGHT TO A TRIAL BY IURY
FEDERAL RULES OF CIVIL PROCEDURE VII RULE 57 DECLARATORY
IUDGEMENT.
THE. RIGHT TO A TRIAL BY JURY MAY-BE DEMANDED UNDER THE
CIRCUMSTANCES AND IN A MANNER PROVIDED IN RULES 38 AND 39
RULE 57 DECLARATORY JUDGEMENTS
PLAINTIFF WILL SEEK A DECLARATORY .IUDGEMENT.
THE PROCEDURE FOR. OBTAINING A DECLARATORY JUDGENENT PURSUANT TO
TITLE 28 U. S. C. 2201 , SHALL BE IN ACCORDANCE WITH THESE RULES , AND TI-IE
RIGHT TO TRIAL BY JURY MAY BE DEMANDED UNDER THE CIRCUMASTANCES
AND IN THE IMLANNER PROVIDED IN RULES 38 AND 39 .
THE EXISTANCE OF ANOTHER ADQUATE REMEDY DOES NOT PRECLUDE A
JUDGEMENT FOR DECLARATORY RELIEF IN CASES WHERE IT IS APPROPLATE .
TI-IE COURT MAY ORDER A SPEEDY HEARING OF ACTION FOR A DECLARATORY
JUDGEMENT AND MAY ADVANCE IT ON THE CALENDAR.
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DATE /0 /I · .- f " ‘‘‘‘
WYV NNA MBARNETT PLANTIFF
COPYS MAILED`*5%’%6£é- TO
UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA
401 W. WASH. AT . SUIT 130 PHOENIX AZ. ;
SHERMAN / HOWARD LLC l
1850 N. CENTRAL, PHOENIX AZ. 85004 2
KENDI-IAMNIER / COLBURN
394 N. THIRD AVE. PHOENIX AZ,
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