Castro v. Rain CII Carbon LLC
Filing
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ORDER AND REASONS granting 13 Motion to Vacate 12 Judgment. Case Reopened. Signed by Judge Helen G. Berrigan on 09/12/2013. (kac, )
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
WALTER CASTRO
CIVIL ACTION
VERSUS
NO. 13‐4701
RAIN CII CARBON LLC
SECTION: “C” (3)
ORDER AND REASONS
Before the Court is plaintiffʹs motion to vacate judgment. Rec. Doc. 13. The motion is
opposed. Rec. Doc. 15. Having considered the memoranda of counsel, the record and the
applicable law, the Court finds that vacating the judgment is appropriate for the following
reasons.
I. BACKGROUND
Plaintiff Castro brought this case against defendant Rain CII alleging that he was
illegally discharged from his employment with Rain CII Carbon LLC (ʺRain CIIʺ) because he
made internal complaints to the management of the company regarding OSHA safety and
fire violations and CAA violations that Rain CII was making. Rec. Doc. 1‐1 at 2‐3. At the
time of the incident, plaintiff was serving as Rain CIIʹs Environmental Safety and Health
Coordinator. Id. at 2. This case was properly removed from the 24th Judicial District Court
for the Parish of Jefferson to this Court under 28 U.S.C. § 1441(b). The case was dismissed
for failure to prosecute after plaintiffʹs attorney failed to appear at an order to show cause
hearing on July 17, 2013. Rec. Doc. 11.
II. LAW AND ANALYSIS
It is well settled that a federal district court has inherent authority to dismiss a
plaintiffʹs action for failure to prosecute in order to prevent undue delays in the disposition
of pending cases. Link v. Wabash Railroad Co., 370 U.S. 626, 629, 82 S.Ct. 1386, 1388, 8 L.Ed.2d
734 (1962). A 60(b) motion must be equitably and liberally applied to achieve substantial
justice. Seven Elves, Inc. v. Eskenazi, 635 F.2d 396, 401 (5th Cir. 1981). A technical error should
not deprive plaintiff of an opportunity to present the true merits of his claims. Amberg v.
Federal Deposit Ins. Corp., 934 F.2d 681, 686 (citing Blois v. Friday, 612 F.2d 938, 940 (5th Cir.
1980)). Nevertheless, the grant or denial of a motion to vacate judgment under rule 60(b) is
within the sound discretion of the district court, and will only be reversed upon a showing
of abuse of this discretion. Blois, 612 F.2d at 940.
Plaintiff moves to vacate the judgment under Rule 60(b) of the Federal Rules of Civil
Procedure. Rec. Doc. 13 at 2. Rule 60(b) provides that one ground for relief from judgment is
ʺmistake, inadvertence, surprise, or excusable neglect.ʺ Plaintiffʹs attorney claims that the
judgment should be vacated based on excusable neglect. He claims that he is to blame for
the delay and that he was unfamiliar with the federal court system to which this case had
been removed. Rec. Doc. 13 at 2. He also claims that he was overwhelmed by another case
involving this same plaintiff and defendant. Id. Counsel argues that defendant will not be
prejudiced by the vacating of this judgment. Id. Furthermore, plaintiff is a sole practitioner
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and was operating without his secretary or assistant on the date in question. Id. at 3.
Defendant argues that the motion should not be granted because plaintiff received
three notices to appear for the show cause hearing, and still failed to appear. Rec. Doc. 15 at
4. Defendant also claims that plaintiff shall not be denied his day in Court because of the
ʺcompanion actionʺ to this case. Id. at 6. Defendant objects to plaintiff waiting more than a
month to file this motion to vacate. Id. at 3.
The Court finds that in the interest of substantial justice, plaintiffʹs motion to vacate
the judgment shall be granted because plaintiff has establish excusable neglect. Plaintiff
showed special circumstances and filed this motion not later than 32 days after the
judgment. The case should be decided based on its merits. Plaintiff shall not be permitted
to miss any further deadlines and any future dismissal on procedural grounds shall not be
vacated.
III. CONCLUSION
For the reasons stated above,
IT IS ORDERED that Plaintiffʹs motion to vacate judgment is GRANTED. Rec. Doc.
13.
New Orleans, Louisiana this 12th day of September, 2013.
____________________________________
HELEN G. BERRIGAN
UNITED STATES DISTRICT JUDGE
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