I decided to provide one more chance for ALJ Turrentine to correct her ruling as it wasn’t untimely, didn’t require a trial, and wasn’t a second motion for reconsideration.
I also informed her that her ruling is being used as evidence in pending 1983 claim and will be added as a party if she fails to rule. I explained that the judge misinterpreted Rule 59(e) by claiming it only applies after a trial, which is legally incorrect.
I also clarified that my motion was timely because the method of service was ambiguous and Rule 6(e)’s 3-day mailing extension should apply. I pointed out that the Tribunal mischaracterized the procedural history and my legal arguments, and failed to address due process violations in the Final Decision.
I requested relief under Rule 60(b)(1), (3), and (6), and I asked for a corrected ruling consistent with both the law and facts. I gave her 5 days to decide, which she has not done.