Butler v. U.S.

Full title: JAMES BUTLER, JR., JENNIFER MACON, and ARNOLD WHITE, Plaintiffs, v. UNITED…

Court: United States District Court, E.D. Pennsylvania

Date published: Feb 15, 2005

Civil Action No. 04-5788 (E.D. Pa. Feb. 15, 2005)

Opinion

Civil Action No. 04-5788.

February 15, 2005

ORDER

JAMES KELLY, Senior District Judge

AND NOW, this 15th day of February, 2005, in consideration of the unopposed Motion for Reconsideration of the January 26, 2005 Order Dismissing Plaintiffs' Complaint for Lack of Prosecution ("Motion") (Doc. No. 5) that was timely filed by Plaintiffs James Butler, Jr., Jennifer Macon, and Arnold White ("Plaintiffs"), that it appears the Court's notice to Plaintiffs that their case would be dismissed if they failed to file a Request of Default by January 21, 2005, was sent to the wrong address and never received by Plaintiffs due to a clerical mistake, and that Federal Rule of Civil Procedure 60(b)(1) allows the Court to grant relief from a final judgment or order to cure such a mistake, it is ORDERED that:

1. Plaintiffs' Motion (Doc. No. 5) is GRANTED;

2. The Court's January 26, 2005 Order Dismissing Plaintiffs' Complaint for Lack of Prosecution (Doc. No. 4) is VACATED; and

3. Defendant United States of America SHALL BE REINSTATED.