Rivera-Velazquez v. Hartford Steam Boiler Inspection & Ins. Co.
In 2010, Plaintiff, then fifty-eight years old, applied for a job with Defendant. Defendant extended a written offer of employment, which Plaintiff accepted, but before Plaintiff started on the job, Defendant rescinded the offer. Plaintiff filed a complaint against Defendant alleging, among other claims, that the rescission of the employment offer was a by-product of age discrimination. Defendant removed the case to the federal district court. Thereafter, Plaintiff’s attorneys blundered time and again, which led to the district court issuing an order for Plaintiff to show cause why his case should not be dismissed. After the district court received no response from Plaintiff, it dismissed the case. Plaintiff subsequently filed a motion pursuant to Fed. R. Civ. P. 60(b) asking the court to set aside the judgment due to the neglect of one of Plaintiff’s attorneys. The district court denied the motion. The First Circuit Court of Appeals affirmed, holding that, given Plaintiff’s persistent pattern of noncompliance, the district court’s refusal to set aside the order of dismissal was not an abuse of discretion. View "Rivera-Velazquez v. Hartford Steam Boiler Inspection & Ins. Co." on Justia Law