Ulibarri V. Gerstenberger

This is an appeal from summary judgment entered against the plaintiff,*fn1 Patricia Ann Ulibarri, on the grounds that her action was barred by the statute of limitations. The defendant's motion for summary judgment was granted after the plaintiff failed to file a timely response. She then filed a motion to set aside the summary judgment asserting that her failure to respond was the result of excusable neglect. The trial court found there was no excusable neglect. The court further reaffirmed the summary judgment, holding the plaintiff's "supplemental"  response to the motion for summary judgment failed to refute the defendant's showing that the action was time-barred.