Walker v. Krol

Background

Jeffrey E. Walker filed this action on or about December 18, 2015. The court previously found that his complaint stated certain legally cognizable claims and ordered service. On August 7, 2017, the court dismissed the action with prejudice under Federal Rule of Civil Procedure 41(b) because Walker failed to attend his own deposition, and it entered judgment for the defendants.

More than four years later, Walker moved under Federal Rule of Civil Procedure 60(b)(6) to vacate the dismissal and judgment and reopen the case. He said that involuntary medication had prevented him from prosecuting the case earlier. On July 6, 2023, the court ordered supplemental briefing on two issues to help decide that motion. The defendants filed their supplemental brief, but Walker did not seek an extension until December 6 and 8, 2023, after the October 23, 2023 deadline had passed.

The parties’ positions

Walker said he could not complete the supplemental brief because he was litigating multiple other cases, had been hospitalized, had undergone hand surgery, and was experiencing several health problems, including COVID-19 and kidney failure. He also said he had not received the defendants’ supplemental brief and asked to obtain mental-health records from Coalinga State Hospital covering 2016 through 2021.

The defendants opposed the extension. They argued that Walker had not shown the good cause required by Rule 6, had not explained why he waited 45 days after the deadline to seek an extension, and had delayed the case in ways that prejudiced them. They also argued that Walker’s hand surgery had reduced, but not eliminated, his ability to work; that his other lawsuits did not establish excusable neglect; and that his failure to file briefing for more than four months raised concerns about good faith.

Ruling

The court agreed that Walker had not demonstrated good cause for the extensive delay. It said that choosing to file numerous lawsuits was not good cause for delaying this case, that delay could prejudice the opposing party and affect the availability of evidence, and that Walker’s missed deadlines in other cases undermined his explanation. The court also concluded that his hand injury did not constitute good cause because his reported litigation activity suggested that the injury had not significantly prevented him from litigating.

The court explained that Walker should request his medical records directly from Coalinga State Hospital. If he believed a subpoena was necessary, he could request one from the court, but he would need to show that the records could be obtained only through a third-party subpoena.

Despite finding no good cause for the delay, Judge Wood S. Gilliam, Jr. granted Walker a final extension of time until April 8, 2024, to file the ordered supplemental briefing. The court stated that no further extensions would be granted. Walker’s Rule 60(b)(6) motion to reopen would be deemed submitted as of April 8, 2024, and the court would decide that motion based on the filings submitted by then. The order terminated docket entries 61 and 62; it did not decide the motion to reopen.