Opinion

SCALERCIO-ISENBERG

Court
District Court, D. New Jersey
Filed
Feb 26, 2026
Cited by
0 cases
Authority
More cited than 40.2%

The opinion

NOT FOR PUBLICATION

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW JERSEY

SHERRY SCALERCIO-ISENBERG,

Case No. 2:22-cv-02705 (BRM) (AME)

Plaintiff,

v.

SELECT PORTFOLIO SERVICING, INC., et MEMORANDUM OPINION AND ORDER

al.,

Defendants.

Before the Court is pro se Plaintiff Sherry Scalercio-Isenberg’s (“Plaintiff”) “Motion to

Compel the court to follow the rule of law,” which was filed on October 30, 2025. (ECF No. 108.)

Defendants Select Portfolio Servicing, Inc. (“SPS”), Brett L. Messinger (“Messinger”) and Kassia

Fialkoff (“Fialkoff,” and collectively with Messinger, the “Duane Morris Defendants” and together

with SPS, the “Defendants”) filed an opposition on November 13, 2025.1 (ECF No. 109.) Plaintiff

filed a reply on November 14, 2025. (ECF No. 110.) Having reviewed and considered the parties’

submissions filed in connection with the motion, for the reasons set forth below and for good cause

appearing, Plaintiff’s motion (ECF No. 108) is DENIED.

Initially, the Court construes Plaintiff’s motion as second motion for reconsideration,

pursuant to Local Civil Rule 7.1(i), of this Court’s October 16, 2025 Opinion and Order, denying

Plaintiff’s motion to vacate and motion to compel. (ECF Nos. 103, 105; see also Turner v. Evers,

1 Defendants construe Plaintiff’s motion as a motion to vacate pursuant to Federal Rule of Civil

Procedure 60(b)(3). (ECF No. 109 at 7.) According to Defendants, the Court should deny the

motion because it is untimely and otherwise unsupported by “clear and convincing evidence” (Id.

(citing Brown v. Pa. R.R. Co., 282 F.2d 522, 527 (3d Cir. 1960).) The Court need not address these

arguments as it construes the motion differently and denies the motion on other grounds. See

Turner, 726 F.2d at 114.

726 F.2d 112, 114 (3d Cir. 1984) (“The focus . . . is on the function of the motion, not its

caption.”).)

“A court may grant a motion for reconsideration if the moving party shows one of the

following: (1) an intervening change in the controlling law; (2) the availability of new evidence

that was not available when the court issued its order; or (3) the need to correct a clear error of law

or fact or to prevent manifest injustice.” Johnson v. Diamond State Port Corp., 50 F. App’x 554,

560 (3d Cir. 2002) (citing Max’s Seafood Café v. Quinteros, 176 F.3d 669, 677 (3d Cir. 1999));

L. Civ. R. 7.1(i).

On October 24, 2025, this Court denied Plaintiff’s first motion for reconsideration of the

October 16, 2025 Opinion and Order. (ECF No. 107 (noting the underlying purpose for Plaintiff’s

first motion for reconsideration was to impermissibly “relitigate her claims”).) Plaintiff has shown

no basis for further reconsideration.

Accordingly, and for good cause appearing,

IT IS on this 26th day of February 2026,

ORDERED that Plaintiff’s second motion for reconsideration (ECF No. 108) is DENIED.

/s/ Brian R. Martinotti

HON. BRIAN R. MARTINOTTI

UNITED STATES DISTRICT COURT

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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