Chapman v. MaxwellAnnotate this Case
Plaintiff, a self-represented litigant, filed a complaint against Defendant for defamation. Defendant filed a motion for summary judgment, and Plaintiff did not file a brief in response. The district court granted Defendant’s motion for summary judgment due to Plaintiff’s failure to respond. Plaintiff sought relief under Mont. R. Civ. P. 60(b)(1) for excusable neglect because she “simply forgot to file the brief.” The court denied Plaintiff’s motion, concluding that all litigants should adhere to procedural rules and that Plaintiff was familiar with the rules of the court. The Supreme Court affirmed, holding that the district court did not err in granting Defendant summary judgment, and therefore, the Court need not reach the second issue raised by Plaintiff of whether the district court abused its discretion in denying her Rule 60(b) motion.