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Civil Procedure Keyed to Subrin
Brandon v. Chicago Board of Education
Facts
Brandon filed an action against the Chicago Board of Education under the Americans with Disabilities Act. He hired attorney Paul E. Peters. The Clerk of the United States District Court entered the name Paul F. Peters. All motions and paper worked were sent to Attorney Paul F. instead. Attorney Paul F being considerate even filed paper work that they had the wrong attorney and that he was not part of that particular case. The Clerk still mailed all filings there. A year later Paul E, Brandon’s attorney went to the Clerk wondering what was going on with the case. He found out about the wrong attorney and wrong address and filed a Rule 60 motion to seek relief from judgment. Unfortunately Peter E put the wrong docket number. When Peter E showed up at court to argue the motion the clerk realize the second mistake and stated the motion would not be heard that day and it needed to be refilled under the correct docket number. Defendant came on the date of the originally scheduled hearing even after the Clerk stated it would not be heard that day, argued with the court and the court decided to deny relief under Rule 60. Brandon appealed that judgment.
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