Free Order on Motion for Reconsideration - District Court of Arizona - Arizona

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Case 2:03-cv-01873-DKD Document 9 Filed 02/25/2008 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Dorothy J. Daniels, Plaintiff, vs. Bank of America, Defendant.

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No. CIV 03-1873-PHX-DKD ORDER

Plaintiff has filed what appears to be a Motion for Reconsideration of the Court's October 28, 2003 Order dismissing her case based upon Ms. Daniels' failure to file an amended complaint as required by the Court's Order of September 30, 2003. The Court appreciates the difficulty Ms. Daniels describes in her Motion for Reconsideration (which was sealed because Ms. Daniels included personal identification information in her motion which is not to be placed in the Court's public file). However, this is a Court which in fairness to all parties must comply with the Rules of Civil Procedure. Rule 60(c) of the Federal Rules of Civil Procedure provides that "[a] motion under Rule 60(b) must be made within a reasonable time . . . [and] no more than a year after the entry of the judgment." More than four years have passed since the Court's Order dismissing Ms. Daniels' Complaint and thus her motion for reconsideration is untimely and must be denied. The Court notes that the original dismissal was without prejudice to Ms. Daniels filing a new lawsuit if a legal basis exists to do so. Ms. Daniels may wish to consult Community Legal Services, Central Office, 305 S. 2nd Ave., P.O. Box 21538, Phoenix, AZ

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85036, phone number 602-258-3434, or at their East Valley Office, 20 W. 1st St., Ste. 101, Mesa, AZ 85201, phone number 480-833-1442, for further information. In accordance with the foregoing, IT IS ORDERED DENYING the Motion for Reconsideration (Doc. # 8). DATED this 25th day of February, 2008.

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