What factors are considered by courts in deciding whether to grant a motion to reconsider the statute of limitation?

MultiRegion, United States of America

The following excerpt is from United States v. Tryals, Case No.: 08-cr-0256-L (7) (S.D. Cal. 2020):

factors considered by Courts in making this determination are: (1) whether an "intervening change in law ... overruled an otherwise settled legal precedent," Phelps v. Alameida, 569 F.3d 1120, 1135 (9th Cir. 2009); (2) a "lack of diligence in pursuing review of the statute-of-limitations issue," id. at 1138-39; (3) "whether granting the motion to reconsider would 'undo the past, executed effects of the judgment,' thereby disturbing the parties' reliance interest in the finality of the case," id. at 1137; (4) "delay between the finality of the judgment and the motion for Rule 60(b)(6) relief," id. at 1138; (5) "the close relationship between the two cases at issuethe decision embodying the original judgment and the subsequent decision embodying the change in the law," id. (internal quotation marks omitted); and (6) "considerations of comity." Id. at 113.

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