Baca v. Jeffers, et al

Filing 162

ORDER by Judge Maria-Elena James denying 160 Motion to Set Aside Judgment. (mejlc3, COURT STAFF) (Filed on 10/24/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DAVID O. BACA,
Plaintiff,

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v.

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ORDER RE: PLAINTIFF’S MOTION
TO SET ASIDE JUDGMENT

B. JEFFERS, et al.,

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United States District Court
Northern District of California

Case No. 13-cv-02968-MEJ

Re: Dkt. No. 160
Defendants.

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Pending before the Court is Plaintiff’s Motion to Set Aside Judgment. See Mot., Dkt. No.

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160. Defendants filed an Opposition (Dkt. No. 161); Plaintiff did not file a Reply (see Dkt.). The

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Court finds the matter suitable for disposition without oral argument and VACATES the

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November 30, 2017 hearing scheduled in the matter. Fed. R. Civ. P. 78(b); Civ. L. R. 7-1(b). For

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the following reasons, the Court DENIES Plaintiff’s Motion.

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The docket in this action shows Plaintiff’s long history of failing to prosecute his case and

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to comply with the Court’s orders. See First Order to Show Cause (“OSC”), Dkt. No. 89; Second

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OSC, Dkt. No. 103; Third OSC, Dkt. No. 148; Fourth OSC, Dkt. No. 151; see also generally,
Opp’n at 2-3 (Factual and Procedural Background). On June 9, 2016, after Plaintiff failed to
appear at the OSC hearing, the undersigned dismissed the case with prejudice for failure to
prosecute. Minutes, Dkt. No. 155; Order Dismissing Case, Dkt. No. 153; Judgment, Dkt. No. 154.
Almost sixteen months after the Court entered judgment in this action against Plaintiff,
Plaintiff filed a Notice of Motion and Motion to Set Aside the Judgment pursuant to Federal Rule
of Civil Procedure 60(b). See Mot. Although the Notice of Motion and Motion references a
Memorandum of Points and Authorities and the Declaration of Whitney Leigh, Plaintiff did not

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actually file those documents, nor serve them on Defendants. Plaintiff’s failure to include Points

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and Authorities in support of the Motion violates Civil Local Rules 7-2(b)(4) and 7-4(a). His

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failure to support any factual contentions made in support of the Motion (if he made any) with a

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declaration, would violate Local Rules 7-2(d) and 7-5. Despite being informed by Defendants of

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his failure to attach a Memorandum to his Motion (see Opp’n at 2), Plaintiff did not correct his

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error. Plaintiff’s conduct wastes Defendants’ time and resources by forcing them to guess the

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basis for Plaintiff’s Motion. It is also unprofessional.

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United States District Court
Northern District of California

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Rule 60 enumerates six grounds for obtaining relief from judgment: (1) mistake,
inadvertence, surprise, or excusable neglect; (2) newly discovered evidence that, with reasonable
diligence, could not have been discovered in time to move for a new trial under Rule 59(b); (3)
fraud, misrepresentation, or misconduct by an opposing party; (4) the judgment is void; (5) the
judgment has been satisfied, released or discharged, is based on an earlier judgment that has been
reversed or vacated, or applying it prospectively is no longer equitable; and (6) “any other reason
that justifies relief.” Fed. R. Civ. P. 60(b)(1)-(6). Plaintiff does not identify the ground on which
he moves for relief; he only states he requests relief “based on fault of counsel.” Mot. at 1. He
provides no explanation or support for the Motion. Because Plaintiff fails to show he is entitled to

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relief under Rule 60(b), Plaintiff’s Motion is DENIED.
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Plaintiff’s Motion is DENIED on the additional ground it is untimely. Motions made
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under Rule 60(b) must be made “within a reasonable time—and for reasons (1), (2), and (3) no
more than a year after the entry of the judgment or order or the date of the proceeding.” Fed. R.
Civ. P. 60(c). If Plaintiff seeks to obtain relief from judgment based on grounds (1), (2), or (3),
the Motion was filed four months after then one-year deadlines for seeking relief. If Plaintiff
seeks to obtain relief from judgment based on any other ground, Plaintiff fails to establish he made
the Motion “within a reasonable time.”
IT IS SO ORDERED.
Dated: October 24, 2017
______________________________________
MARIA-ELENA JAMES
United States Magistrate Judge

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