UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Case No. 22-cv-23028-BLOOM/Otazo-Reyes

MARK A. TURNER, 

Plaintiff, 

v. 

ROCKET MORTGAGE, LLC, 

and AMROCK, LLC,

Defendants. 

_____________________________/ 

ORDER ON SECOND MOTION FOR RECONSIDERATION

THIS CAUSE is before the Court upon Plaintiff Mark A. Turner’s “Motion Petition 

Justice Bloom to Set [Aside] Order Granting Magistrate Report & Recommendation, for 

Suppression of Transcript Evidence, Denial of Due Process Civil Rules & Procedure Constituting 

a Reversible Appellant Court Error,” ECF No. [125] (“Motion”), which the Court construes as a 

second motion for reconsideration. Plaintiff contends he was not afforded an opportunity to refer 

to the “audio tape transcription and the court stenographer transcriptions” to support his argument 

that Magistrate Judge Otazo-Reyes and Counsel for Defendants omitted an material term of the 

Settlement Agreement. Id. at 2-3. Moreover, Plaintiff believes he was entitled to a hearing before 

the Court on whether there was a “meeting of the minds” on the Settlement Agreement. Id. at 3. 

Plaintiff thus concludes his case was “nefariously prejudiced,” which constitutes an abuse of 

discretion. 

As the Court explained in its Order on Motion for Reconsideration, ECF No. [124], courts 

may grant relief where there is “fraud . . . , misrepresentation, or misconduct by an opposing 

party[.]” Fed. R. Civ. P. 60(b)(2). Further, the Rule provides that a court may relieve a party from 

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an order for “any other reason that justifies relief.” See Fed. R. Civ. P. 60(b)(6). In addition, “Rule 

60(b)(6) motions must demonstrate that the circumstances are sufficiently extraordinary to warrant 

relief.” Aldana v. Del Monte Fresh Produce, N.A., Inc., 741 F.3d 1349, 1355 (11th Cir. 

2014)(internal quotations and citations omitted). In any event, whether to grant relief pursuant to 

Rule 60(b) is ultimately a matter of discretion. Aldana, 741 F.3d at 1355 (citing Cano v. Baker, 

435 F.3d 1337, 1342 (11th Cir. 2006) (internal citation and quotations omitted)). A court abuses 

its discretion when a “relevant factor deserving a significant weight is overlooked, when an 

improper factor deserving of significant weight is overlooked, or when the court considers the 

appropriate mix of factors, but commits a palpable error of judgment in calibrating the decisional 

scales.” See Williams v. Cruise Ships Catering & Serv. Int’l, N.V., 320 F. Supp. 2d 1347, 1358 

(S.D. Fla. 2004) (citation omitted). Reconsideration of a previous order is “an extraordinary 

remedy, to be employed sparingly.” See Mannings v. School Board of Hillsborough County, 149 

F.R.D. 235, 235 (M.D. Fla. 1993).

In its Order adopting the R&R, the Court found that Plaintiff objectively manifested an 

intent to be bound by the terms of the Settlement Agreement, as shown by the transcript of the 

settlement conference on May 18, 2023, and failed to adduce any evidence that Defendants had 

agreed to be bound by the purportedly missing Interest and Penalties term. ECF No. [121] at 9. It 

thus found the Settlement Agreement was valid and enforceable. Id. In its Order on Motion for 

Reconsideration, the Court stated that it discerned no fraud on the part of Defendants or Judge 

Otazo-Reyes. ECF No. [124] at 4. Plaintiffs’ legally unsupported arguments do not engage with 

those findings but entirely ignores them. As such, there is no basis for revisiting the Court’s 

determinations and the Motion must be denied. 

Accordingly, it is ORDERED AND ADJUDGED that the Motion, ECF No. [125], is 

DENIED.

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DONE AND ORDERED in Chambers at Miami, Florida on August 29, 2023.

_________________________________

BETH BLOOM

UNITED STATES DISTRICT JUDGE

Copies to:

Counsel of Record

Mark A. Turner

1411 SE 26th Avenue

Homestead, FL 33035

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