Fowler v. Social Security Administration et al

Filing 18

ORDER denying 15 Plaintiff's Motion for Reconsideration; because this case is closed, all other pending motions (including Doc. 17) are denied as moot. Signed by Judge James A Teilborg on 7/10/12.(LSP)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Plaintiff,
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vs.
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Social Security Administration; Social)
Security Administration Office of)
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Hearings and Appeals,
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Defendants.
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David Lionel Fowler,

No. CV 12-628-PHX-JAT
ORDER

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Plaintiff filed his “Motion for Emergency Appeal” (Doc. 15) on June 19, 2012. The
Court construes this as a Motion for Reconsideration, and now rules on the Motion.

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I.

BACKGROUND

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Plaintiff David Lionel Fowler filed a Complaint on March 23, 2012. (Doc. 1). In that

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Complaint, Plaintiff appears to allege that Defendants improperly denied him social security

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benefits. He also appears to allege that Berrien County Probate Court (mentioned but not

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named in the Complaint) improperly concealed records of his adoption.

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This Court granted Plaintiff in forma pauperis status on March 27, 2012, and ordered

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Plaintiff to return documents necessary for service to the Clerk’s office within 30 days. (Doc.

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6). When Plaintiff failed to comply, the Court ordered Plaintiff to appear before the Court

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to show cause why this case should not be dismissed. (Doc. 9). The Court dismissed the case

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when Plaintiff did not attend the hearing, scheduled for May 21, 2012. (Doc. 11). Plaintiff

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now argues that difficult living circumstances led to problems with receiving mail, and that

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this warrants reconsideration of dismissal. (Doc. 15).
LEGAL STANDARD

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II.

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Although Plaintiff did not indicate which Federal Rule of Civil Procedure governed

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his Motion, a motion for reconsideration is appropriately brought under either Rule 59(e) or

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Rule 60(b). Fuller v. M.G. Jewelry, 950 F.2d 1437, 1442 (9th Cir. 1991). If a motion for

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reconsideration is filed more than twenty-eight days after judgment, it will be construed as

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a Rule 60(b) motion for relief from a judgment or order. See Coyaso v. Bradley Pac.

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Aviation, Inc., CIV. 11-00267 JMS, 2012 WL 1883718 (D. Haw. May 21, 2012); citing Am.

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Ironworks & Erectors, Inc. v. N. Am. Constr. Corp., 248 F.3d 892, 899 (9th Cir. 2001) (same

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rule under the pre-amendment ten day limit). The Court may grant a 60(b) motion for the

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following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly

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discovered evidence; (3) fraud, misrepresentation or other misconduct of the adverse party;

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(4) a void judgment; (5) a satisfied, released or discharged judgment, or (6) “extraordinary

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circumstances” which would justify relief. Fed. R. Civ. P. 60(b); see Fuller, 950 F.2d at

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1442 (citing Taylor v. Knapp, 871 F.2d 803, 805 (9th Cir. 1989)).

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III.

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Plaintiff’s argument that his circumstances justify reconsideration could conceivably

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fall only under the first or sixth reasons. If Plaintiff’s neglect in failing to comply with the

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Court’s Order was excusable, reconsideration is appropriate. “[T]he determination of whether

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neglect is excusable is an equitable one that depends on at least four factors: (1) the danger

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of prejudice to the opposing party; (2) the length of the delay and its potential impact on the

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proceedings; (3) the reason for the delay; and (4) whether the movant acted in good faith.”

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Bateman v. U.S. Postal Serv., 231 F.3d 1220, 1223-24 (9th Cir. 2000). Plaintiff does not

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present any evidence relevant to the four factors. Cf. id. at 1224 (failure to discuss any of the

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factors could be grounds for denial of relief). Moreover, balancing the equities, relief would

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be inappropriate given Plaintiff’s repeated failure to comply with the Court’s orders.

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ANALYSIS

Relief under the sixth reason requires a finding of “extraordinary circumstances.”
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McConnell v. MEBA Med. & Benefits Plan, 759 F.2d 1401, 1407 (9th Cir. 1985). This case

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is not one of extraordinary circumstances and, accordingly, the Court will not reconsider its

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prior Order.

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IV.

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Based on the foregoing,

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IT IS ORDERED denying Plaintiff’s Motion for Reconsideration. (Doc. 15).

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IT IS FURTHER ORDERED that because this case is closed, all other pending

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CONCLUSION

motions (including Doc. 17) are denied as moot.
DATED this 10th day of July, 2012.

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