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Pratt v. Philbrook

38 F. Supp. 2d 63 (1999)

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Pratt v. Philbrook

United States District Court for the District of Massachusetts
38 F. Supp. 2d 63 (1999)

  • Written by Jody Stuart, JD

Facts

In the original incarnation of this lawsuit, Mary Pratt (plaintiff) sued Kelley Philbrook (defendant) for injuries Pratt sustained in a car accident. Philbrook’s truck hit the car Pratt was riding in as a passenger. A settlement conference before the federal district court took place on January 17, 1996. The next day, following a hearing at which counsel announced that the case was settled, the court issued an order of dismissal. The order indicated that the case was dismissed but could be reopened within 60 days if the parties did not agree on the final terms of the settlement. The 60-day deadline passed with no communication to the court from Pratt’s attorney, Edward McIntyre, even though McIntyre had not finalized the settlement by that date. Three weeks after the deadline, McIntyre sent a letter to the court requesting a trial date because a settlement agreement had not been reached. The court denied McIntyre’s request. Pratt appealed, and the appeals court remanded the case. The district court reconsidered and again denied the request for a trial date. Pratt appealed again, and the appeals court affirmed the district court’s decision. Subsequently, Pratt filed this current lawsuit, involving the same parties, in the same federal district court. Philbrook moved for summary judgment.

Rule of Law

Issue

Holding and Reasoning (Ponsor, J.)

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