Keane v. HSBC Bank USA, N.A., No. 16-1045 (1st Cir. 2017)Annotate this Case
The First Circuit reversed the denial of Plaintiff’s motion to vacate and order dismissing his lawsuit against Defendants in which Plaintiff alleged a variety of state law violations in connection with a foreclosure action against a property he owned in Nantucket, Massachusetts. The district court, sua sponte, dismissed Plaintiff’s suit for failure to prosecute after Plaintiff’s counsel failed to appear at a motion hearing. Plaintiff’s counsel subsequently filed a motion for relief from the district court order dismissing the case, citing Fed. R. Civ. P. 60(b) and claiming “mistake, inadvertence, carelessness or excusable neglect.” The district court denied the motion without prejudice. Plaintiff then refiled the motion, but the district court denied it without any further explanation. The First Circuit reversed the district court’s denial of Plaintiff’s motion to vacate the prior order dismissing his case and vacated the order dismissing his case, holding that, where Plaintiff provided the district court with an innocent and undisputed reason for counsel’s absence, dismissal with prejudice was too harsh given the circumstances.