The opinion of the court was delivered by: Landya McCafferty United States Magistrate Judge
In an order dated March 6, 2012, document no. 39, the court granted summary judgment to Prescott Orchards Land Development, LLC ("Prescott") in its declaratory judgment action against Chicago Title Insurance Company ("Chicago Title"). Before the court is Chicago Title's motion for relief from judgment. In a nutshell, Chicago Title asks the court to vacate its judgment and then revisit its summary-judgment ruling, taking into consideration the memorandum of law it failed to submit in support of its objection to Prescott's motion for summary judgment. Among other things, the late-filed memorandum argues that Prescott had the burden of proving coverage under a policy of title insurance issued to it by Chicago Title, rather than Chicago Title having the burden of proving lack of coverage. Prescott objects. For the reasons that follow, Chicago Title's motion for relief from judgment is denied.
In its motion, Chicago Title invokes Rule 60 of the Federal Rules of Civil Procedure, but does not cite any specific part of that rule as the basis for the relief it seeks. Rule 60(a) pertains to the corrections of clerical mistakes and, consequently, does not seem to apply. The applicable provision would appear to be Rule 60(b), which describes six grounds for granting relief from judgment:
(b) Grounds for Relief from a Final Judgment, Order, or Proceeding. On motion and just terms, the court may relieve a party or its legal representative from a final judgment, order, or proceeding for the following reasons:
(1) mistake, inadvertence, surprise, or excusable neglect;
(2) newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under Rule 59(b);
(3) fraud (whether previously called intrinsic or extrinsic), misrepresentation, or misconduct by an opposing party;
(4) the judgment is void;
(5) the judgment has been satisfied, released or discharged; it is based on an earlier judgment that has been reversed or vacated; or applying it prospectively is no longer equitable; or
(6) any other reason that justifies relief.
Fed. R. Civ. P. 60. As noted, Chicago Title does not invoke any of the specific provisions of Rule 60(b). Relying on Cheshire Medical Center v. W.R. Grace & Co., 767 F. Supp. 396, 397 n.1 (D.N.H. 1991), Prescott urges the court to construe Chicago Title's motion as being based on Rule 60(b)(6). In Cheshire Medical, Judge Devine explained:
Although plaintiff does not cite any specific rule under the Federal Rules of Civil Procedure, the court construes the motion as one for relief from judgment under Rule 60(b)(6), Fed. R. Civ. P., which provides for relief from judgment for "any other reason justifying relief from operation of the judgment." The court does not construe the instant motion as seeking relief pursuant to sections 1 through 5 of Rule 60(b), as none of the specific reasons for relief set forth in those sections are raised here.
Id. Chicago Title, like the plaintiff in Cheshire Medical, did not cite any specific part of Rule 60. But, ...