Fraizer v. Wells Fargo Bank, National Association et al

Filing 20

Order by Hon. James Donato denying 18 Motion for Reconsideration. (jdlc2S, COURT STAFF) (Filed on 2/10/2016)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

REGINA FRAIZER,
Plaintiff,

8
9
10

United States District Court
Northern District of California

11

Case No. 3:15-cv-02559-JD
ORDER RE RECONSIDERATION OR
REOPENING

v.
WELLS FARGO BANK, NATIONAL
ASSOCIATION, et al.,

Re: Dkt. No. 18

Defendants.

12
13

Pro se plaintiff Regina Fraizer asks the Court to set aside the dismissal of this case for

14

excusable neglect under Federal Rule of Civil Procedure 60(b). The Court dismissed the case with

15

prejudice on September 2, 2015, for failure to prosecute. Dkt. No. 14. Plaintiff filed and served

16

the complaint but then failed to pursue her claims in any way or oppose defendant’s motion to

17

dismiss. Id. The Court extended plaintiff’s time to respond to the motion by several weeks, and

18

issued an order to show cause warning her that the case would be dismissed if she did not respond.

19

Dkt. No. 12. The Court heard nothing from plaintiff and dismissal was entered.

20

About three weeks after the entry of dismissal, plaintiff filed a request to re-open the

21

matter. Dkt. No. 18. Plaintiff acknowledges that she received the motion to dismiss on June 18,

22

2015, three days after it was filed, and says she filed an opposition on June 30, 2015. Id. But the

23

ECF docket shows no filing or submission by plaintiff, and she did not proffer any other evidence

24

of opposing the motion in the request to reconsider. Moreover, plaintiff does not explain why she

25

did not respond to the order to show cause even though it is apparent she was receiving the filings

26

in the case. And plaintiff has not offered any showing of good cause or excusable neglect for not

27

responding to the motion or the order to show cause.

28

1
2
3
4

Consequently, the Court declines to re-open the case or to reconsider the order of
dismissal.
IT IS SO ORDERED.
Dated: February 10, 2016

5
6
JAMES DONATO
United States District Judge

7
8
9
10

United States District Court
Northern District of California

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2