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Baker v. Kempthorne

March 20, 2009

BERNADETTE BAKER, PLAINTIFF,
v.
DIRK KEMPTHORNE, SECRETARY OF THE UNITED STATES DEPARTMENT OF INTERIOR, OR HIS PREDECESSOR-IN-OFFICE; BUREAU OF INDIAN AFFAIRS; LOUIS DAUPHINAIS AS MIDDLE SCHOOL PRINCIPAL AND IN HIS INDIVIDUAL CAPACITY, DEFENDANTS.



The opinion of the court was delivered by: Daniel L. Hovland, Chief Judge United States District Court

ORDER GRANTING PLAINTIFF'S MOTION TO VACATE AND/OR MOTION FOR RECONSIDERATION

On January 23, 2009, the Defendants filed a motion to dismiss. See Docket No. 13. On March 6, 2009, the Court granted the motion because the Plaintiff did not file a response. See Docket No. 15. On March 16, 2009, the Plaintiff sent a letter to the Clerk of Court's office. The Court will treat the Plaintiff's letter as a motion to vacate the judgment and/or a motion for reconsideration of the order. See Docket No. 17.

I. BACKGROUND

On September 2, 2008, the plaintiff, Bernadette Baker, filed a discrimination complaint through her attorney of record, Bernice C. Delorme. See Docket No. 1. On October 22, 2008, Delorme filed a motion to withdraw. See Docket No. 8. The Court granted Delorme's motion to withdraw on October 24, 2008. See Docket No. 12. On January 23, 2009, the Defendants filed a motion to dismiss for improper service of the summons and complaint. See Docket No. 13. On March 6, 2009, the Court granted the Defendants' motion, and dismissed the action without prejudice. See Docket No. 15. Judgment was entered in favor of the Defendants on March 6, 2009. See Docket No. 16. Baker states that she responded to the motion to dismiss on January 28, 2009. See Docket No. 17. Baker contends she sent the following to the Defendants since the lawsuit has commenced:

1) summons issued to the Department of the Interior (9/02/08), by Bernadette Baker.

2) summons issued to Louis Dauphinais (9/02/08), by Bernadette Baker.

3) Louis Dauphinais did not respond to the Clerk of Court which was due on 10/6/08.

4) letter to United States Attorney Drew Wrigley on 2/27/09.

5) letter to AUSA Cameron W. Hayden on 1/28/09. The letter contains objections to the motion to dismiss.

6) letter to AUSA Cameron W. Hayden on 3/4/09. In the letter, Baker requested a response to the 1/28/09 letter.

See Docket No. 17. The letters dated January 28, 2009, February 27, 2009, and March 4, 2009, were never filed with the Court. Baker has now provided copies of the letters for the Court's review. She requests that the Court vacate the order and judgment filed on March 6, 2009.

II. LEGAL DISCUSSION

A. MOTION TO VACATE

Baker moves for the order and judgment to be vacated. A party may seek relief from a judgment or order pursuant to Rule 60(b) of the ...


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