Cullum v. Wyndham Hotels & Resorts Corp.

Background

Sandra L. Cullum and Deirdre Saleh filed the action without lawyers. In an order dated February 12, 2024, the court dismissed the action with prejudice against all but one defendant. The earlier dismissal relied on the Federal Arbitration Act, lack of personal jurisdiction—the court’s authority over a defendant—and failure to state a claim, meaning the allegations did not legally support a claim.

The plaintiffs then filed a first motion asking the court to reconsider that dismissal. The court denied it, finding that they had not identified controlling decisions or facts that the earlier order had overlooked. The plaintiffs later filed a submission styled as a notice of appeal, but its wording asked the court to reconsider the dismissal again.

Ruling

The court construed the submission, to the extent appropriate, as a second motion for reconsideration under Local Civil Rule 6.3. It denied the motion because a litigant is entitled to only one motion for reconsideration. The court also stated that successive reconsideration motions are not permitted and that the plaintiffs had already raised the arguments in the second motion in their first motion.

The order denied the Second Motion for Reconsideration and resolved docket entry no. 54. It also directed the Clerk of Court to mail copies of the order to the plaintiffs.