Sherri Strole v. Mark Wirth, et al.

Summary

The United States District Court for the District of Arizona denied Sherri Strole’s motion to waive fees, reinstate and consolidate her case, and expand or assign legal counsel. The court held that Plaintiff failed to establish grounds for relief from judgment under Federal Rule of Civil Procedure 60(b), and that consolidation with state-court cases was unavailable; the case therefore remained closed.

Holdings

1. Because Plaintiff filed her motion for reinstatement more than ten days after entry of judgment, the request was properly treated as a motion for relief from judgment under Federal Rule of Civil Procedure 60(b).
2. Plaintiff did not make the required showing for relief from the judgment under any provision of Rule 60(b), so reinstatement was denied.
3. Federal Rule of Civil Procedure 42(a) does not authorize consolidation of a federal case with a case pending in state court, and consolidation with other federal cases was unavailable because this action was closed and would remain closed.
4. The requests to waive fees and costs and appoint or assign counsel were denied as moot because the case would not be reinstated.

Questions Presented

1. Whether Plaintiff established a basis for relief from the judgment under Federal Rule of Civil Procedure 60(b).
2. Whether the federal court could consolidate this closed federal action with cases pending in state court or with other federal cases.
3. Whether Plaintiff's requests to waive fees and costs and appoint or assign counsel remained viable after denial of reinstatement.

Disposition

dismissed