Harrison v. Thurston

MEMORANDUM DECISION

DAVIS, Presiding Judge:

{1 Ember Harrison appeals the district court's denial of her rule 60(b) motion to set aside the dismissal of her case for failure to prosecute. The district court based its denial on its finding that Harrison was represented by counsel when the defendants motion to dismiss was filed and granted, that Harrison herself was not sufficiently diligent in pursuit of her case, and that equitable considerations of fairness weighed in favor of the denial. We disagree and hold that the district court abused its discretion in denying Harrison's rule 60(b)…