Amor Medina Del Rosario, et ux. v. Wells Fargo Bank, N.A., as Trustee, et al.

Amor Medina Del Rosario and Elvie Canlas Del Rosario, the Petitioners, request this Petition for Writ of Certiorari be granted given the salient issues, the constitutional matter of proper notice and service of a pleading, and the impact upon public policy of a party's failure to deviate from the notice requirements of the rules of procedure. An impermissible burden of proof was placed upon pro se litigants to meet that since notice was not tendered then dismissal was not warranted. Given the lack of service of an essential pleading, the Petitioners' request to have the dismissal vacated under Fed.R.Civ.P. 60(b) should have been granted under the rules of procedure and the constitutional issues. Pro-se parties must be afforded the same protections mandated by the rules and the constitution. WHETHER THE FAILURE TO SERVE A PLEADING UPON PRO-SE LITIGANTS WARRANTED A FAVORABLE RULING UNDER FED.R.CIV.P. 60 AND REMOVAL OF A DISMISSAL OF AN ACTION GIVEN THE VIOLATIONS OF THE NOTICE REQUIREMENTS TO MEET DUE PROCESS AND PUBLIC POLICY?