Reis, et al v. Fannie Mae, et al

Filing 33

ORDER Denying 32 Motion to Reopen Case. Signed by Judge Roger T. Benitez on 10/16/2012. (All non-registered users served via U.S. Mail Service)(knb)

1

2

12 OCT 16

3

4

BY:~

5
6

7
8

UNITED STATES DISTRICT COURT

9

SOUTHERN DISTRICT OF CALIFORNIA

10
II

Cathy Reis, et aI.,

CASE NO. 04-CV-1883 BEN (BLM)
Plaintiffs,

12

ORDER DENYING MOTION TO

REOPEN CASE

vs.
13
14
15

[ECFNo.32]

Fannie Mae, et aL,
Defendants.

16
Presently before the Court is Plaintiff Cathy Reis's "Motion to Reopen Case No. _ Due to

17
Patent Dispute and Loss of Value of Assets," which the Court construes as a motion for relief from
18

a judgment or order pursuant to Rule 60(b) of the Federal Rules of Civil Procedure. ECF No. 32.

19
Plaintiff s motion comes more than seven years after this Court dismissed the underlying action for
20
improper venue, and six years after it denied Plaintiffs motion for reconsideration.
21
"Rule 60(b) allows a party to seek relief from a final judgment, and request re-opening of his

22
case, under a limited set of circumstances." Gonzalez v. Crosby, 545 U.S. 524, 528 (2005). lfthe
23
request is based on fraud, mistake, or newly discovered evidence, the motion "shall be made ... not
24
more than one year after the judgment, order, or proceeding was entered or taken." FED. R. CIV. P.
25
60(c)(1). lfbased on various other enumerated reasons, or "any other reason that justifies relief," the
26
motion must be made "within a reasonable time." FED. R. CIV. P. 60(c)(I).

27
Plaintiff has attached several hundred pages of supporting documents, yet the basis for her
28
motion is difficult to discern. She appears largely to repeat claims of intellectual property theft from

- 1-

04cvOl883

2006. See ECF No. 23. Plaintiff did not file the motion within a reasonable time and has not
2

demonstrated that the requested relief is justified. Accordingly, Plaintiff's motion is DENIED. The

3

motion hearing scheduled for November 5, 2012 before this Court is vacated.

4

IT IS SO ORDERED.

5
6

DATED:

Octobe~2012

7

8
9
10
11
12
13
14
15
16
17
18

19
20
21
22
23
24
25
26
27
28

- 2-

04cvOl883