Rudd Miller v. Wells Fargo Bank, N.A. et al

Filing 32

ORDER GRANTED MOTION TO VACATE DISMISSAL 30 ,This case is ordered re-opened by Judge Dean D. Pregerson . (lc). Modified on 3/20/2015 (lc).

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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RUDD MILLER,

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Plaintiff,
v.

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WELLS FARGO BANK, N.A.,

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Defendants.
___________________________

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Case No. CV 14-03392 DDP (AJWx)
ORDER GRANTED MOTION TO VACATE
DISMISSAL
[Dkt. No. 30]

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On December 23, 2014, Defendants filed a motion to dismiss

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this case on grounds of insufficient pleading and certain statutes

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of limitations having run. (Dkt. No. 26.)

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an opposition to the motion by 21 days prior to the hearing date on

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the motion, as required by local rules, and the Court vacated the

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hearing and granted the motion to dismiss on the ground that it was

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unopposed and therefore tacitly consented to.

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Plaintiff did not file

(Dkt. No. 29.)

Plaintiffs’ counsel has filed the present motion, asking the

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Court to vacate the previous order dismissing the complaint.

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No. 30.)

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Defendant has not opposed the motion to vacate.

Defendant’s counsel served its motion via the Court’s
electronic ECF system.

(Dkt. No. 26 at 16:11.)

Plaintiff

(Dkt.

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represents to the Court that she did not receive this service,

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because the ECF emails to her were diverted to a spam folder.

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(Decl. Lauren Rode, ¶¶ 4-7.)

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that she has been working toward resolving the case and would not

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have failed to oppose the motion but for the accidental diversion

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of the ECF emails.

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finds that Plaintiff’s failure to oppose the motion was due to

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“excusable neglect.”

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Plaintiff’s counsel also represents

(Id.; Mot. Vacate at 7-8.)

The Court therefore

Fed. R. Civ. P. 60(b)(1).

Good cause having been shown, and in light of the Court’s

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strong policy of deciding cases on the merits, the motion to vacate

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the dismissal is GRANTED.

This case is ordered re-opened.

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IT IS SO ORDERED.

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Dated: March 20, 2015
DEAN D. PREGERSON
United States District Judge

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