Durante v. CBS Inc.
Durante v. CBS Inc.
Opinion of the Court
OPINION
Plaintiff moves, pursuant to papers filed July 16, 1991, for an order pursuant to Rule 59(e) of the Federal Rules of Civil Procedure to vacate an order filed June 11, 1991, dismissing for failure to prosecute this complaint alleging violations of the Age Discrimination in Employment Act.
The motion to vacate under Rule 59(e) is untimely. It was not made within 10 days of entry.
Although the Court would have granted plaintiff’s counsel an adjournment of the conference scheduled for 9:00 a.m. on June 11, 1991 for the reasons given in his affidavit, counsel at no time on June 7, June 10 or June 11,1991 requested an adjournment. Calls by the Deputy Clerk to his office on June 11, 1991 were unavailing and the order dismissing the complaint was entered after a wait of over 40 minutes at 9:43 a.m. The Chambers file reflected plaintiff’s counsel had not attended the only prior Court conference on April 4, 1991, but had a lawyer from another office attend who was not familiar with the case and was of no assistance to the Court.
IT IS SO ORDERED.
Reference
- Full Case Name
- Mary DURANTE v. CBS INC.
- Status
- Published