Civil Procedure Keyed to Subrin
Brandon v. Chicago Board of Education
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Plaintiff was represented by Paul F. Peters in his Americans with Disabilities action against Defendant. The district court clerk mistakenly listed another attorney, Paul A. Peters as Plaintiff’s attorney in the court’s docket. Therefore, Plaintiff’s attorney was not receiving any correspondence from the court. Plaintiff’s lawyer missed notices for status hearings, and after missing the second hearing the case was dismissed for want of prosecution. Plaintiff’s attorney filed a Rule 60 motion one year and three days after the dismissal, arguing that the error was due to the court clerk and through no fault of their own. The district court denied Rule 60 relief. On appeal, Plaintiffs seek relief under the catchall provision of Rule 60(b)(6), while Defendants argue that only Rule 60(b)(1) applies, which means that Plaintiff would miss the one-year deadline.
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