Was the Ninth Circuit's holding wrong for departing from its own precedent and creating a conflict with other circuits over the application of the 'clear and convincing evidence' standard by not granting a new trial?

QUESTIONS PRESENTED ; Fraud on the Court: Plaintiff discovered fraudulent and material misrepresentation perpetrated by the opposing party. However, the district court issued an order to suppress new submissions from both parties, and it denied Plaintiff relief from the judgment and a new trial under FRCP 60(b)(3). 1. Was the Ninth Circuit’s holding wrong for departing from its own precedent and creating a conflict with other circuits over the application of the “clear and convincing : ; evidence” standard by not granting a new trial? 2. Is a pro se litigant entitled to protection of her right to Procedural Due Process after a discovery of Fraud on the Court? Egregious negligence of counsel: Plaintiff did not participate in the delay tactics of her counsel and after she became convinced that they had abandoned her, lied to her, and were refusing to correct their mistakes/omissions in the record, she parted ways with them. 1. Should a pro se litigant under such 7 extraordinary circumstance, who is blameless, be penalized for her former counsel’s egregious negligence? 2. Was the Ninth Circuit’s holding correct that ; the district court’s denial of relief under FRCP 60(b)(6), despite Plaintiffs extraordinary circumstance, did not warrant relief from the judgment? i Dismissal with prejudice is a harsh sanction: The Ninth Circuit will create an intolerable conflict among the nation’s lower courts if its decision is not corrected immediately. 1. What is the appropriate standard of review to protect parties from unjustified and harsh rulings under FRCP 41(b), for dismissal of an ; entire civil cause of action with prejudice? 2. Should a pro se litigant be allowed excusable delay, knowing the judgment will be final and binding, if she did not feel safe to initiate ‘arbitration with an opposing counsel who had defrauded the court during trial? :