Write an
IRAC paragraph using the following information. You need not include all the
information. The issue is whether the plaintiff can show that his attorney’s
failure to attend hearings was excusable neglect. A number of the text blocks
below contain statements of rules. Other text blocks include legally
significant facts. In some paragraphs, conclusions have been drawn for you.
Combine the rules where necessary and form an IRAC paragraph for the issue.
Fed. R. Civ.
P. 60(b) provides for relief from judgment if plaintiffs can show that a
mistake was made or that there was excusable neglect on the part of their
attorney. Rule 60(b) is an extraordinary remedy, granted in only exceptional
cases. Harold Washington Party v. Cook City. Illinois Democratic Party, 984
F.2d 875 (7th Cir. 1993). In this case, the plaintiff’s attorney, Mark Adly,
missed four court-set status hearings. He failed to appear. He failed to answer
motions. Court status hearings are routinely held every three months. Adly
claims he did not have any notice of the hearings. Adly knew status proceedings
normally were held. He attended depositions in this matter. Court records show
that he was sent notices of the hearings to the address Adly says is correct.
“Excusable neglect may warrant relief under Rule 60(b).” Zuelzke Tool &
Eng’g v. Anderson Die Casting, 925 F.2d 226 (7th Cir. 1991). In this case, the
defendant relied on a third party who told them to refrain from further action
because efforts were being made to have the defendant removed as defendant. Id.
at 228. Anderson did not answer any complaints or file any pleadings. Id. The
lack of response led the court to enter a default judgment against the company.
Id. at 229. The district court refused the motion to vacate, saying that the
defendant had voluntarily chosen not to control its fate in the litigation. Id.
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