Summary
This United States District Court order denies the plaintiff’s motions for reconsideration and entry of clerk’s default. The court previously dismissed the plaintiff’s second amended complaint without prejudice due to a failure to establish federal subject matter jurisdiction over her race and disability discrimination claims. Finding that the plaintiff did not meet the legal standards for reconsideration and noting that defendants were never properly served, the court denied both motions and ordered the clerk to enter judgment dismissing the claims.
Topics
Practice areas
Questions Presented
- Whether the district court may reconsider its order dismissing the complaint under Rule 59(e) or Rule 60(b).
- Whether the clerk may enter a default when the defendants were never served.
Holdings
- The court denied the motion for reconsideration because the plaintiff failed to satisfy any of the statutory standards for reconsideration under Rule 59(e) or Rule 60(b).
- The court denied the motion for entry of Clerk's default because the defendants were never served and therefore had not failed to plead or otherwise defend the action.
Key quotations
“A district court may reconsider an interlocutory order for cause, so long as it retains jurisdiction. LR 59-1(a).” (N/A)
“Pursuant to Federal Rule of Civil Procedure 55(a), “[w]hen a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend . . . the clerk must enter the party’s default.”” (N/A)
Factual background
April Griego sued the CHAPS Housing Assistant Program and two individuals alleging race and disability discrimination. The court dismissed the complaint because the plaintiff failed to establish federal subject‑matter jurisdiction. Griego then moved to reconsider the dismissal and to enter a default against the defendants.
Procedural history
The district court dismissed the plaintiff's complaint for lack of federal subject‑matter jurisdiction. The plaintiff subsequently filed a motion for reconsideration of that dismissal and a motion for entry of Clerk's default. The court denied both motions.