Anndell R. Lawrence, Jr. v. Laresha Reed, et al.

Summary

The United States District Court for the Eastern District of Missouri denied Andell R. Lawrence, Jr.’s motion for relief from judgment under Federal Rule of Civil Procedure 60(b)(1), along with his alternative request for an out-of-time response under Rule 6(b). The Court held that counsel’s failure to monitor the docket and inadvertent deletion of the electronic filing notice did not constitute excusable neglect. The underlying action involved alleged constitutional and state-law claims arising from a failure to protect Lawrence from an inmate attack.

Holdings

1. Counsel's carelessness, inattentiveness to the case docket, and failure to act despite knowing the response deadline did not constitute excusable neglect.
2. The court denied Plaintiff's Rule 60(b)(1) motion for relief from the judgment and declined to permit an out-of-time response to Defendants' motion to dismiss.

Questions Presented

1. Whether counsel's inadvertent deletion of the electronic filing notice, combined with counsel's failure to monitor the docket, constituted excusable neglect warranting relief from judgment under Rule 60(b)(1).
2. Whether the same circumstances established good cause and excusable neglect warranting an out-of-time response under Rule 6(b)(1)(B).

Disposition

other