Terrell v. Mr. Cooper Group, Inc.
CourtDistrict Court, District of Columbia
Date FiledSeptember 15, 2026
DocketCivil Action No. 2020-0496
JudgeJudge Colleen Kollar-Kotelly
StatusPublished
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Full Opinion
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
LORI E. TERRELL,
Plaintiff,
v. Civil Action No. 20-0496 (CKK)
M.R. COOPER GROUP, INC., et al.,
Defendants.
MEMORANDUM OPINION
(September 15, 2026)
This case is closed. On July 2, 2021, this Court dismissed without prejudice pro se Plaintiff
Lori E. Terrell’s Second Amended Complaint and this case. See Order, Dkt. No. 32. Ms. Terrell
later moved for reconsideration of that order, which this Court denied. See Minute Order (Feb. 9,
2022); Pl.’s Mot. (“[Opposed] Special Appearance Movant Pro Se’s FRCP Rules 59(e) and 77 and
Local Rules 5, 5.4, 7(b) and (d) Motion to Vacate.”), Dkt. No. 35. Ms. Terrell appealed this Court’s
rulings, and the U.S. Court of Appeals for the D.C. Circuit summarily affirmed this Court’s rulings
dated July 2, 2021, and February 9, 2022, as well as a separate order dated August 12, 2020. See
Mandate, Dkt. No. 45; Order, Dkt. No. 45-1.
However, during a review of paper files, the Court identified that certain documents
submitted to the Court by pro se Plaintiff Lori E. Terrell were not contemporaneously entered on
the docket of this case. To complete the record, the Court now addresses these documents.
Two of these documents are facsimile copies of letters dated September 10, 2020, and
September 15, 2020, which appear to have been addressed to the Defendants and their counsel,
rather than to the Court. Consistent with the Court’s [26] Order denying leave to file copies of
three similar letters dated in October 2020 and the Court’s [34] Order denying leave to file a copy
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of another such letter dated July 27, 2021, leave to file the documents dated September 10, 2020,
and September 15, 2020, is DENIED because these submissions are copies of correspondence
between the parties, not requests for relief from the Court.
One document is a letter dated September 18, 2020, that is addressed to the Clerk of the
Court. In this letter, Ms. Terrell requests confirmation of receipt of three other submissions. The
Clerk of the Court later docketed the submissions identified in this letter at Dkt. Nos. [18], [19],
and [19-1], and the Court contemporaneously received and considered them. Because this
correspondence was addressed to the Clerk of the Court and requests information that is now
reflected elsewhere on the docket, leave to file this correspondence is DENIED.
The two remaining documents are two copies of a single submission dated August 21,
2021, and entitled “Opposed Verified Special Appearance Movant, Pro Se’s August 21, 2021
Information of To-Date Nonnotice, Nonservice and Nonprovision to Movant of Defendant’s
Apparent, ECF No. 37, ‘Opposition to Plaintiff’s Motion to Vacate…’, and Request, for Order,
FRCP 5, Directing Service/Notice/Provision, and, FRCP 6(b) and 6(d), for, Appropriate
Opportunity, Including Extension of Time and/or Leave, to Identify and File Appropriate
Response.” One copy of this submission was received in the Office of the Clerk of the Court with
a one-page cover letter on August 25, 2021. The other copy includes a cover sheet requesting
delivery to this Court’s Chambers and was received in the mailroom on August 26, 2021.
Reading Ms. Terrell’s submission liberally, the Court construes it as a reply and motion for
extension of time to file a supplemental reply in support of her [35] “[Opposed] Special
Appearance Movant Pro Se’s FRCP Rules 59(e) and 77 and Local Rules 5, 5.4, 7(b) and (d) Motion
to Vacate” (“Motion to Vacate”), which the Court previously construed as a motion for
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reconsideration of the Court’s [32] Order dated July 2, 2021, which dismissed without prejudice
Ms. Terrell’s Second Amended Complaint and this case in its entirety.
The Court understands Ms. Terrell’s latest submission to be requesting an extension of
time to file a supplemental reply on the grounds that the Defendants did not properly serve her
with a copy of prior submissions in this case, including their [37] Memorandum in Opposition to
her [35] Motion to Vacate. Ms. Terrell also indicates that she may have had difficulty accessing
the Court’s prior [32] Order electronically.
Leave to file this submission is GRANTED, nunc pro tunc, as to the copy received in the
Clerk’s Office on August 25, 2021. Leave to file the second copy received on August 26, 2021,
is DENIED as duplicative. The Clerk of the Court is respectfully directed to docket Ms. Terrell’s
submission received on August 25, 2021, as a Reply and Motion for Extension of Time to File
Supplemental Reply.
Upon consideration of Ms. Terrell’s submission, Ms. Terrell’s Motion for Extension of
Time to File a Supplemental Reply is DENIED. The record shows that the Defendants filed a
certificate of service confirming that, consistent with Federal Rule of Civil Procedure 5(b), they
served Ms. Terrell with a copy of their [37] Memorandum in Opposition by mailing a copy to her
last-known address on August 13, 2021. The Court’s records also reflect that the Clerk of the
Court caused a copy of the Court’s [32] Order dated July 2, 2021, to be mailed to Ms. Terrell at
her address of record. Furthermore, it appears from Ms. Terrell’s submissions that she received
actual notice of these filings and their contents before filing her most recent submission. On this
record, the Court concludes that the Defendants properly served Ms. Terrell with their
[37] Memorandum in Opposition, and the Court sees no grounds for granting an extension of time
to file a supplemental reply.
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Furthermore, having considered Ms. Terrell's submission on the merits as a reply in
support of her [35] Motion to Vacate, the Court sees no grounds on which to revisit or reconsider
the Minute Order in which the Court denied her [35] Motion. As the Court explained in that Order,
Federal Rule of Civil Procedure 59(e) allows the Court to correct its own mistakes in the period
immediately following the entry of a mistaken order. See Min. Order (Feb. 9, 2022) (citing
White v. NH Dept of Empl. Sec., 455 U.S. 445, 450 (1982)). "Though a court has considerable
discretion in granting Rule 59( e) motions, it needs only to do so when it finds that there has been
an intervening change of controlling law, that new evidence is available, or that granting the
motion is necessary to correct a clear error or to prevent manifest injustice." Id. (quoting SEC v.
Bilzerian, 729 F. Supp. 2d 9, 13 (D.D.C. 2010) (RCL)). In general, such motions are "disfavored,"
and courts grant them "only when the moving party establishes extraordinary circumstances."
Niedermeir v. Office ofBaucus, 153 F. Supp. 2d 23, 28 (D.D.C. 2001) (TFH).
Under these standards, none of the arguments raised in Ms. Terrell's reply alters the Court's
prior conclusion that her [35] Motion to Vacate should be denied. Instead, Ms. Terrell's reply
restates arguments on which the Court has already ruled. Accordingly, the Court reaffirms its prior
ruling dated July 2, 2021, which the U.S. Court of Appeals for the D.C. Circuit summarily affirmed
on appeal.
An appropriate Order accompanies this Memorandum Opinion.
Dated: September 15, 2026
COLL= L~ *iE~
United States District Judge
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