Opinion
C22-1276JLR
02-07-2023
HEIDI L. KELLER, Plaintiff, v. S.E. & ASSOCIATES, LLC, et al., Defendants.
ORDER
JAMES L. ROBART United States District Judge.
Before the court is Plaintiff Heidi L. Keller's motion to reopen the case. (Mot. (Dkt. # 5).) On October 4, 2022, the court dismissed this case with prejudice based on the parties' notification of settlement. (See 10/4/22 Order (Dkt. # 4).) The court allowed any party to move to reopen the case within 90 days “[i]n the event that settlement is not perfected.” (Id. at 1.) In its present motion, Ms. Keller notifies the court that the parties have failed to perfect settlement, stating that “it only recently became apparent that Defendants were not going to voluntarily cure their default with regard to the settlement and that it would be necessary to resume litigation of this case.” (Mot. at 1-2.) Thus, Ms. Keller moves the court for an order reopening the case.(Id.)
Prior to Ms. Keller filing the Notice of Settlement, neither Defendant had appeared in this matter, nor had they been served with the summons and complaint. (See generally Mot. at 2; Dkt.) Thus, no Defendant opposes the instant motion. (See generally Dkt.)
Although Ms. Keller failed to timely move to reopen this case, the court finds that Ms. Keller has demonstrated “excusable neglect” for her untimely motion. See Fed.R.Civ.P. 6(b)(1)(B). Accordingly, the court GRANTS Ms. Keller's motion to reopen the case (Dkt. # 5) and ORDERS as follows:
(1) The October 4, 2022, Order of Dismissal (Dkt. # 4) is VACATED;
(2) The case is REOPENED; and
(3) Ms. Keller has until April 10, 2023 to serve Defendants S.E. & Associations, LLC and Shaun Smith with the summons and complaint.