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Brandon v. Chicago Board of Education

United States Court of Appeals for the Seventh Circuit
143 F.3d 293 (7th Cir. 1998)


Brandon (plaintiff) filed an Americans with Disabilities action against the Chicago Board of Education (defendant). The clerk of court made an error entering the name of Brandon’s attorney when docketing the case and mail from the court regarding Brandon’s case was sent to the wrong attorney. After Brandon’s attorney did not receive notice of and did not appear at two hearings, the court dismissed Brandon’s case. The court order dismissing Brandon’s case was also sent to the wrong attorney. After discovering what happened, Brandon’s attorney filed a motion to vacate the judgment dismissing Brandon’s case pursuant to Rule 60(b) of the Federal Rules of Civil Procedure (FRCP). The district court denied Brandon’s motion for relief from the judgment entered against him. Brandon appealed the district court’s denial of his motion for relief under Rule 60(b), arguing that the district court abused its discretion by denying his motion for relief. The Court of Appeals held that the district court did not abuse its discretion by denying Brandon’s motion for relief because Brandon did not bring the motion within the required time period.

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