Irene J. Pridgen v. US Bank Trust National Association et al.

Pridgen · United States District Court for the Middle District of Florida, Tampa Division · January 13, 2026 · No. 8:25-cv-3003-KKM-AAS

Summary

The United States District Court for the Middle District of Florida grants Irene J. Pridgen’s motion under Federal Rule of Civil Procedure 60(b) for relief from the final judgment dismissing her complaint as a shotgun pleading. The court vacates the judgment, reopens the case, and permits Pridgen to file a second amended complaint by January 27, 2026.

Holdings

  1. Rule 6(d) does not extend a deadline stated as a fixed calendar date; it applies when a party must act within a specified period after service.
  2. Rule 60(b) relief was warranted because Pridgen's deadline miscalculation, possibly delayed receipt of the dismissal order, and related circumstances constituted excusable neglect.

Questions Presented

  1. Whether Rule 6(d)'s three-day extension for service by mail applied to a deadline set on a specific calendar date.
  2. Whether Pridgen was entitled to relief from the final judgment under Rule 60(b) based on excusable neglect.
  3. Whether the judgment should be vacated and the case reopened to permit Pridgen to file an amended complaint.

Disposition

vacated

Cases Cited (7)

  • Automatic Alignment & Body Service, Inc. v. State Farm Mutual Automobile Insurance Co., 953 F.3d 707, 719-20 (11th Cir. 2020)(followed)
  • Hertz Corp. v. Alamo Rent-A-Car, Inc., 16 F.3d 1126, 1132-33 (11th Cir. 1994)(followed)
  • Destra v. Demings, 725 F. App'x 855, 859 (11th Cir. 2018) (per curiam)(followed)
  • Violette v. P.A. Days, Inc., 427 F.3d 1015, 1016 (6th Cir. 2005)(followed)
  • Juravin v. Rada, No. 5:24-CV-618-PGB-PRL, 2025 WL 1665725, at *3 & n.2 (M.D. Fla. June 12, 2025)(followed)
  • Pioneer Investment Services Co. v. Brunswick Associates Ltd. Partnership, 507 U.S. 380, 394 (1998)(followed)
  • Cheney v. Anchor Glass Container Corp., 71 F.3d 848, 850 (11th Cir. 1996)(followed)

Cited In (0)

No citing cases on record yet.

Court Document

Open PDF
Loading document…