VIRGINIA EMERSON HOPKINS, District Judge.
Following this court's Final Judgment Order on October 15, 2014, plaintiffs James Graveling and Lori Graveling ("the Gravelings") filed several documents on October 21, 2014. (Docs. 117-122). Collectively, these documents contain a motion to recuse, a motion to reconsider this court's August 27, 2013, "Order Granting In Part and Denying In Part Motions to Dismiss" (doc. 63), and a motion to reconsider this court's September 5, 2013, "Order Denying Motion for Entry of Default and Motion for Default Judgment, Denying Motion for Summary Judgment" (doc. 64).
The Gravelings initiated this case on January 18, 2013, by filing a motion for preliminary injunction. (Doc. 1). After being ordered by the court to do so, they filed an amended complaint. (Doc. 6). They brought six claims: separate counts for fraud against Castle Mortgage Company ("Castle") and against Coastal, a count for wrongful foreclosure against BankUnited, N.A. ("BankUnited"), a count for illegal foreclosure sale auction against Andrew Benefield ("Mr. Benefield"), a count for refusal to cease debt collecting in violation of the Fair Debt Collection Practices Act ("FDCPA") against Coastal, and a count for refusal to cease debt collecting in violation of the FDCPA against Sirote, Rutledge, and Ryan Daugherty ("Mr. Daugherty"). On August 27, 2013, the court granted a motion to dismiss the Gravelings' claims as against Castle, BankUnited, Mr. Benefield, and Mr. Daugherty. (Doc. 63). On December 4, 2013, the court dismissed with prejudice their claims against Coastal for failure to prosecute. (Doc. 82). In the Final Judgment Order on October 15, 2014, the court dismissed the Gravelings' remaining claims against Sirote and Rutledge with prejudice.
For the following reasons, these motions, and all other relief sought in the Gravelings' documents, are
The Gravelings request that this court recuse itself on the grounds of bias and partiality. (Doc. 122 at 2, 14-15). However, their request to recuse is based solely on previous rulings that this court has made in this case. (See Doc. 122). According to the Supreme Court, a bias challenge based only on the judge's decisions is supported only if
The Gravelings also have made a motion for the court to reconsider its August 27, 2013, Order Granting In Part and Denying In Part Motions to Dismiss. (Doc. 121). There are several features of this motion that make it due to be denied. First, it is untimely under the court's February 5, 2013, Uniform Initial Order in this case, which states that "motions for reconsideration must filed within ten days of the date of the court's ruling which the movant seeks to have reconsidered." (Doc. 4 at 26). The Gravelings waited over a year after the court's order to file the pending motion for reconsideration. It is also untimely under FED. R. CIV. PRO. 59(e), which governs motions to alter or amend a judgment. The party is required to file such a motion "no later than 28 days after the entry of the judgment."
Finally, the motion does not meet the standards of FED. R. CIV. PRO. 60(b), which allows a court to "relieve a party or its legal representative from a final judgment, order, or proceeding" under any of several grounds:
FED. R. CIV. PRO. 60(b). The only colorable argument that the Gravelings could make is under 60(b)(2) for newly discovered evidence, in the form of the "Full Transcription of Recording of Brian Dodson on 027072013." (Doc. 119). However, this transcription is not newly
Finally, the Gravelings make a motion for reconsideration of the September 5, 2013, "Order Denying Motion for Entry of Default and Motion for Default Judgment, Denying Motion for Summary Judgment." (See Doc. 120). As is the case with the motion discussed in the previous section (supra), this motion is untimely under the court's Uniform Initial Order and FED. R. CIV. PRO. 59(e), which governs motions to alter or amend a judgment. Furthermore, the motion to reconsider would be without merit under the standard of R. 59(e). It also fails to qualify under any of the categories (listed supra) justifying relief from an order according to FED. R. CIV. PRO. 60(b). Therefore, this motion to reconsider is also due to be
Based upon the court's review of the filings, the plaintiffs' motions are due to be