Ellis v. Johnston et al

Filing 84

ORDER granting Pla's 81 Motion for Reconsideration; directing the Clerk of the Court to reopen this case; denying Dft's 80 Motion for Attorney Fees as unripe; directing Dft to refile his Motion to Dismiss; that Pla must file with the Cl erk of the Court and serve on opposing counsel her Response to Dft's Motion to Dismiss no later than 10 business days after Dft refiles his Motion to Dismiss. Failure to comply with this Order will result in the Court summarily granting Dft's renewed Motion to Dismiss. Signed by Judge Mary H Murguia on 11/24/08. (ESL)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

WO

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Joanne Daphne Ellis, Plaintiff, vs. K. Ross Johnston, (a.k.a. Kevin Ross Johnston), et al., Defendants.

) ) ) ) ) ) ) ) ) ) ) ) )

No. CV 07-508-PHX-MHM ORDER

Currently before the Court is Plaintiff Joanne Ellis's Motion for Reconsideration (Dkt. #81) of the Court's August 15, 2008 Order granting Defendant K. Ross Johnston's Motion to Dismiss due to Plaintiff's failure to comply with LRCiv 7.2(i) and the Court's June 6, 2008 Order directing Plaintiff fo file a responsive memorandum (Dkt. #78). Also currently before the Court is Defendant's Motion for Attorney's Fees. (Dkt. #80). In her Motion for Reconsideration, Plaintiff contends that she did in fact abide by the Court's June 6, 2008 Order, having prepared and mailed a Response to Defendant's Motion to Dismiss on June 18, 2008. In support of her contention, Plaintiff attaches a Response to Defendant's Motion to Dismiss dated June 18, 2008. (Dkt. #81, Exhibit A). After reviewing Plaintiff's motion and Defendant's August 8, 2008 Response, and finding good cause, the Court grants Plaintiff's Motion for Reconsideration. See Eitel v. McCool, 782 F.2d 1470, 1472 (9th Cir. 1986) (stating that cases should be decided on their merits whenever reasonably possible).

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Accordingly, IT IS HEREBY ORDERED granting Plaintiff's Motion for Reconsideration. (Dkt. #81). IT IS FURTHER ORDERED directing the Clerk of the Court to reopen this case. IT IS FURTHER ORDERED denying Defendant's Motion for Attorney's Fees (Dkt. #80) as unripe. IT IS FURTHER ORDERED directing Defendant to refile his Motion to Dismiss. IT IS FURTHER ORDERED that Plaintiff must file with the Clerk of the Court and serve on opposing counsel her Response to Defendant's Motion to Dismiss no later than 10 business days after Defendant refiles his Motion to Dismiss. Failure to comply with this Order will result in the Court summarily granting Defendant's renewed Motion to Dismiss. DATED this 24th day of November, 2008.

-2-