SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO . A - 1995
- 16T1 KEITH P. SEQUEIRA, Plaintiff

- Appellant,

v. WELLS FARGO ADVISORS, LLC,
Defendant
- Respondent.

________________________________________

Argued May 9, 2018

– Decided June 18, 2018 Before Judges Koblitz, Manahan, and Suter. On appeal from Superior Cou rt of New Jersey, Law Division, Monmouth County, Docket No. L - 3393
- 14. Keith P. Sequeira , appellant, argued the cause pro se. David W. Schmidt argued the cause for respondent ( Lubiner, Schmidt & Palumbo, LLC, attorneys ; David W. Schmidt, on the brief).
PER CURIAM Plaintiff Keith Sequeira appea ls from order s of the trial court administratively dismissing his complaint against defendant Wells Fargo Advisors, LLC , due to lack of prosecution per Rule NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court . " A lthough it is posted on the internet , this opinion is binding only on the parties in the case and its use in other cases is limited . R. 1:36
- 3.2 A - 1995
- 16T1

1:13
- 7 for failure to effectuate process in a timely manner and denying reinstatement of the compla int for failure to demonstrate "good cause . " We affirm. Sequeira is a former financial advisor, hired by Wells Fargo's predecessor firm in 1998, who was licensed and regulated by the Financial Industry Regulatory Authority (FINRA). In 2008 , Sequeira fil ed a plenary action against numerous defendants, including two of Wells Fargo's predecessor firms, alleging discrimination and unlawful retaliation in violation of the Law Against Discrimination, N.J.S.A. 10:5

- 1 to
- 49 . Sequeira 's complaint was dismissed with prejudice, and we affirmed on appeal. Sequeira v. Prudential Equity Grp. , LLC , No. A - 0734
- 10 (App. Div. Oct. 9, 2014) (slip op. at 1

- 2) (Sequeira I). Sequeira filed a second action against the same defendants in 2012, which was again dismissed with prejudice. We affirmed on appeal. Sequeira v. Wells Fargo & Co. , No. A - 3239
- 13 (App. Div. Feb. 24, 2016) (Sequeira II).
On August 5, 2014, a FINRA arbitration proceeding was instituted by Wells Fargo against Sequeira . The arbit rators
awarded Wells Fargo $47, 462.56 in compensatory damages an d $30,000 in attorneys' fees. O n September 4, 2014, Sequeira filed an action3 A - 1995
- 16T1

naming Wells Fargo Advisors, LLC , and others seeking to vacate the arbitration award (Sequeira III) . 1 In January 2015, after there wa s no responsive pleading to the complaint filed and no entry of default s ought, a notice of dismissal was issued pursuant to Rule 1:13
- 7(a). Pursuant to the notice, the complaint was administratively dismissed on March 27,
2015. Thereafter, Sequeira filed a motion to extend time to file , to serve an amended complaint and to extend discovery . On April 10, 2015, t he judge denied Sequeira's motion, noting the c omplaint was dismissed on March 27, 2015 , for lack of prosecution. Sequeira filed a motion for reconsideration and for reinstatement of the

case to the active trial list . The motion was denied on July 10,
2015. Sequeira served the complaint for Sequeir a III on defendant Wells Fargo in August 2016 . T hereafter , Sequeira filed a motion to reinstate the complaint, alleging he had cured the defect which led to the dismissal . I n a written statement of reasons, the judge denied Sequeira's motion to reinstate for failure to provide good cause or

exc eptional circumstances for his failure to prosecut e and serve

1 The other defendants in this matter were dismissed by stipulation prior to this action .4 A - 1995
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the complaint. O n November 7, 2016, Sequeira filed a nother motion to reinstate the complaint. I n a written statement of reasons,

t he judge denied Sequeira's motion. This appeal followed.
On appeal, Sequeira raises the following points:
POINT I

PLAINTIFF FILED NOTICE OF APPEAL. JUDGE O'BRIEN WAS DEPRIVED OF JURISDICTION. HIS ORDERS DISMISSING SEQUEIRA III WERE VOID.
POINT II
JUDGE O'BRIEN ABUSED HIS DISCRETION BY DISMISSING SEQUEIRA III PURSUANT TO R. 1:13
- 7.
POINT III
JUDGE O'BRIEN ABUSED HIS DISCRETION BY REPEATEDLY REFUSING TO REINSTATE SEQUEIRA III.
POINT IV
JUDGE O'BRIEN AND THIS COURT IMPERMISSIBLY DISREGARDED A TALESE . [ 2 ] We have considered these arguments in light of the record and conclude that they lack sufficient merit to warrant consideration

2 Atalese v. U.S. Legal Servs. Grp., LP , 219 N.J. 430 (2014). In Atalese , our Supreme Court considered the enforceability of an arbitration agreement that did not provide notice to the consumer that, by signing the agreement, she would be forfeiting her right to relie f in a judicial forum. Id. at 435
- 36. This argument is not properly before us for review as enforceability of the arbitration award was relief sought in the complaint that was not reinstated.5 A - 1995
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in a written opinion. R. 2:11
- 3 (e) (1 ) (E) . We add only the following. "Our review of an order denying reinstateme nt of a complaint dismissed for lack of prosecution proceeds under an abuse of discretion standard." Baskett v. Kwokleung Cheung , 422 N.J. Super. 377, 382 (App. Div. 2011). We "decline[] to interfere with [such] matter of discretion unless it appears tha t an injustice has been
done." St. James AME Dev. Corp. v. City of Jersey City , 403 N.J. Super. 480, 484 (App. Div. 2008) (alteration in original) (quoting Cooper v. Consol. Rail Corp. , 391 N.J. Super. 17, 23 (App. Div. 2007)). In consideration of our standard of review in light of the pattern of non
- conformance by Sequeira with our rules of court and court orders, we discern no abuse of discretion in the denial of the reinstatement of the complaint. W e affirm substantially for the reasons stated in Judge O'Brien's thorough written opinion s . Affirm ed .