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Yeschick v. Mineta

675 F.3d 622 (2012)

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Yeschick v. Mineta

United States Court of Appeals for the Sixth Circuit
675 F.3d 622 (2012)

SC

Facts

Gary Yeschick (plaintiff) sued the Federal Aviation Administration (FAA) (defendant). The FAA moved for summary judgment. Yeschick’s counsel, Gino Pulito, did not receive notice from the court that the FAA had filed the motion, because he had failed to update his email address on file with the court. Pulito also failed to check the docket on the federal courts’ electronic docket system, PACER. As a result, Yeschick missed the deadline to respond to the FAA’s motion for summary judgment, and the district court granted the motion. Yeschick filed for relief from the judgment under Federal Rule of Civil Procedure 60(b)(1), arguing that Pulito’s not receiving notice was excusable neglect. Yeschick sought leave to file a response to the FAA’s motion. The district court denied the motion, finding that Pulito’s failure to monitor the docket was not excusable. Yeschick appealed.

Rule of Law

Issue

Holding and Reasoning (Gibbons, J.)

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