|JANE LUNA, as Administratrix of the Estate of Charles
RICKY J. BELL; GAELAN DOSS; JAMES HORTON,
| Nos. 17-5608/5675|
Appeal from the United States District Court
for the Middle District of Tennessee at Nashville.
No. 3:11-cv-00093—John T. Nixon, Todd J. Campbell,
and Aleta Arthur Trauger, District Judges.
Argued: February 1, 2018
Decided and Filed: April 5, 2018
Before: MERRITT, MOORE, and BUSH, Circuit Judges.
KAREN NELSON MOORE, Circuit Judge. Defendants Ricky J. Bell (“Bell”), Gaelan
Doss (“Doss”), and James Horton (“Horton”) (together, “Defendants”) appeal the first district
court’s order granting Plaintiff Jane Luna (“Luna”), as Administratrix of the Estate of Charles
Jason Toll (“Toll”), deceased, relief under Federal Rule of Civil Procedure 60(b)(2);
additionally, Defendants appeal the second district court’s and the third district court’s denials of
Defendants’ requests to reconsider the order granting Luna relief under Rule 60(b)(2). Luna
appeals the third district court’s order granting summary judgment to Defendants.
For the reasons discussed below, we AFFIRM the first district court’s order granting
Luna relief under Rule 60(b)(2) from the judgments and from the order denying a new trial. We
also AFFIRM the orders denying Defendants’ requests to reconsider. Lastly, we REVERSE
the third district court’s order granting summary judgment to Defendants, and we REMAND for
further proceedings consistent with this opinion.