Skrabec v. Town of North Attleboro, No. 17-1385 (1st Cir. 2017)Annotate this Case
In this case alleging violations of 42 U.S.C. 1983 and tort claims, the First Circuit affirmed the district court’s grant of summary judgment in favor of Defendants following Plaintiffs’ failure to oppose the motion with the timeframe set by the court. Almost one month after Plaintiffs’ opposition to Defendants’ summary judgment motion was due, the district court granted Defendants’ unopposed motion for summary judgment. Two days later, Plaintiff filed a motion for relief from judgment pursuant to Fed. R. Civ. P. 60(b)(1) on the ground of excusable neglect. The district court denied relief, determining that Plaintiffs’ failure to oppose the summary judgment motion was not excusable. The First Circuit affirmed, holding that the district court acted within its discretion in concluding that Plaintiff failed to demonstrate excusable neglect.