ROSLYN O. SILVER, Senior District Judge.
On September 14, 2018, the Court granted Bank of America NA's ("BANA") motion for summary judgment, and this matter was dismissed with prejudice. (Doc. 102.) Since that time, Plaintiffs have filed three separate motions seeking to alter, amend, or set aside that Order. (Docs. 109, 118, 130.) The first two motions were denied. (Docs. 117, 127.) Plaintiffs appealed the denial of the second motion, filed the instant motion seeking to set aside not only the September 2018 Order but also a January 2018 Order (Doc. 130), and then voluntarily dismissed the appeal. The mandate granting the dismissal has now been entered. (Doc. 133.)
The scope and purpose of the Federal Rules of Civil Procedure is to "secure the just, speedy, and inexpensive determination of every action and proceeding." Fed. R. Civ. P. 1 (emphasis added). Plaintiffs note that they "have incurred over $200,000.00 in fees and expenses in this litigation," Doc. 130 at 14 n.4, yet they continue to file meritless motions. Here, Plaintiffs seek relief pursuant to Fed. R. Civ. P. 60(d)(3), which permits a court to "set aside a judgment for fraud on the court."
The fraud on the court doctrine is a strict one. "[R]elief from judgment for fraud on the court is `available only to prevent a grave miscarriage of justice.'" United States v. Sierra Pac. Indus., Inc., 862 F.3d 1157, 1167 (9th Cir. 2017) (quoting United States v. Beggerly, 524 U.S. 38, 47 (1998)). In the Ninth Circuit, fraud on the court must "`harm[] the integrity of the judicial process' . . . [and] be an `intentional, material misrepresentation'"; in other words, "fraud on the court `must involve an unconscionable plan or scheme which is designed to improperly influence the court in its decision.'" Id. at 1168 (internal citations omitted) (emphasis added). Furthermore, "relief for fraud on the court is available only where the fraud was not known at the time of settlement or entry of judgment." Id. (collecting cases).
The Court need not delve into Plaintiffs' argument that BANA's November 6, 2017
By repeatedly filing meritless motions, Plaintiffs are wasting the time and resources of themselves, BANA, and this Court. BANA may not have been forthcoming about the ultimate fate of the money, but it was not a secret as Plaintiffs were aware prior to filing this lawsuit that the right to collect on the loan belonged to BANA and not the SBA. (Doc. 131 at 8.) This Court will not entertain any more filings by Plaintiffs that relate to the SBA guarantee of the loan. Should Plaintiffs file such a motion in violation of this Order, such motion may be summarily dismissed and sanctions may be imposed.
Accordingly,