Solow v. Aspect Resources, LLC, et al.

This action was dismissed under Rule 41(c) in a March 9, 2011 order. Plaintiff subsequently moved to vacate the court's dismissal under Rule 60(b)(6) on the ground that he did not receive the requisite notice under Rule 41(e). The court held that had plaintiff made even the smallest of efforts to prosecute the case for the more than two years that preceded the court's order, the clerical mistake regarding his address would have been detected and corrected. Therefore, the court held that because the record indisputably showed that plaintiff had taken no action in this case for over two years, the court denied his motion to vacate under Rule 60(b)(6).