Zepeda, et al. v. Cool, et al.
Annotate this CaseMichael and Mindy Zepeda appealed a district court judgment dismissing their claims for failure to prosecute and the denial of their post-judgment request to alter or amend the judgment. On November 25, 2013, Michael and Mindy Zepeda commenced a personal injury action against Adam and Mason Cool by service of summons and complaint. The personal injury action arose from a December 2011 assault by the Cools on Michael Zepeda resulting in Michael Zepeda sustaining injuries. Over six years later, on January 7, 2020, the Zepedas filed the summons and complaint. On July 17, 2020, the Zepedas filed a motion for reconsideration arguing the district court erred in dismissing the action because they appropriately pursued their claim under the circumstances. The court denied the motion as lacking merit after determining the request for relief under N.D.R.Civ.P. 59(j) was untimely and there was no other sufficient basis to warrant reconsideration. The North Dakota Supreme Court affirmed the judgment, concluding the court did not abuse its discretion in dismissing the Zepedas’ claims for failure to prosecute.
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