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Tate v. Riverboat Services, Inc.

United States District Court for the Northern District of Indiana
305 F. Supp. 916 (N.D. Ind. 2004)


Tate and others (plaintiffs) sued Riverboat Services, Inc. (Riverboat) (defendant) in the United States District Court for the Northern District of Indiana for unpaid overtime guaranteed by federal maritime laws. Various plaintiffs had filed actions in different courts involving the same claims against Riverboat, and at least two plaintiffs had voluntarily dismissed twice under Federal Rule of Civil Procedure (FRCP) 41(a)(1). Riverboat failed to file an answer in the instant action. The plaintiffs secured a default judgment for damages of more than $1 million. Riverboat moved to vacate the default six weeks later under FRCP 60(b). Riverboat admitted its failure to file an answer was negligent, but argued the failure should be excused because it was confused over the fact that multiple actions involving the same parties and claims were ongoing.

Rule of Law


Holding and Reasoning (Moody, J.)

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