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Ahron v. Yedioth Israel, Inc., 96-2281 (1997)

Court: Court of Appeals for the First Circuit Number: 96-2281 Visitors: 5
Filed: Jul. 18, 1997
Latest Update: Mar. 02, 2020
Summary: [NOT FOR PUBLICATION] UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT ____________________ No. 96-2281 BEN-TOVIM, AHARON, Plaintiff, Appellant, v. YEDIOTH ISRAEL, INC., Defendant, Appellee. Accordingly, the decision of the district court denying the motion to vacate is affirmed.
USCA1 Opinion











[NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
____________________


No. 96-2281

BEN-TOVIM, AHARON,

Plaintiff, Appellant,

v.

YEDIOTH ISRAEL, INC.,

Defendant, Appellee.


____________________

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

[Hon. Nancy J. Gertner, U.S. District Judge] ___________________

____________________

Before

Selya, Circuit Judge, _____________
Cyr, Senior Circuit Judge, ____________________
and Lynch, Circuit Judge. _____________

____________________

Ben-Tovim, Aharon on brief pro se. _________________
Frances S. Cohen, Anne L. Showalter and Hill & Barlow on brief for _________________ __________________ _____________
appellee, Yedioth Ahronoth, Ltd.


____________________

July 18, 1997
____________________

















Per Curiam. Plaintiff-appellant Ben-Tovim Aharom __________

appeals pro se from the denial of a postjudgment motion to ___ __

vacate a forum non conveniens dismissal. We affirm. _____ ___ __________

Although the motion to vacate did not cite to any

rule (or other authority for bringing a collateral attack on

the judgment), we construe it as a Rule 60(b) motion. The

motion was predicated on alleged newly discovered

misrepresentations by defendant Yedioth Ahronoth, Ltd.

However, Aharon could not challenge the judgment under

60(b)(2) (newly discovered evidence) or 60(b)(3) (fraud or

misrepresentation) because, under the terms of the rule, any

such motion must be made within one year after the entry of

judgment. Baltia Air Lines, Inc. v. Transaction Management, ______________________ _______________________

Inc., 98 F.3d 640, 642 (D.C. Cir. 1996); Gonzalez v. ____ ________

Walgreens Co., 918 F.2d 303, 305 (1st Cir. 1990). The ______________

judgment of dismissal was entered on April 3, 1995 and the

current action was filed on June 24, 1996, more than fourteen

months later.

In addition, Aharon failed to demonstrate a

60(b)(6) claim, a claim not subject to a specific limitations

period, because he failed to show extraordinary

circumstances. See Valley Citizens for a Safe Env't v. ___ ___________________________________

Aldridge, 969 F.2d 1315, 1317 (1st Cir. 1992) ("A district ________

court will grant a Rule 60(b)(6) motion only if it finds

'exceptional' circumstances that justify 'extraordinary



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relief.") (citation omitted). Most notably, he failed to

present any reason justifying departure from the normal

maximum limitation period required by 60(b)(2) and 60(b)(3).

See Simon v. Navon, 1997 WL 279921, at *5 (1st Cir. June 2, ___ _____ _____

1997). He also failed to show that his case (or any part of

it) cannot proceed in Israel.1 1

Finally, although Aharon has not raised the point,

we do not think the circumstances of this case sustain an

independent action for "fraud upon the court." Accordingly,

the decision of the district court denying the motion to

vacate is affirmed. ________























____________________

1Indeed, although Aharon suggests that his invasion of 1
privacy claim cannot proceed in Israel because it is barred
by the relevant statute of limitations, his Israeli attorney
opines that Yedioth Ahronoth, Ltd. has waived any statute of
limitations defense.

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Source:  CourtListener

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