Thiel v. Becker
Thiel v. Becker
Opinion of the Court
Order
Judy Thiel and her lawyer, David M. Bagdade, failed to appear at five consecutive status conferences in Thiel’s suit under 42 U.S.C. § 1983 alleging wrongful arrest. The district court dismissed the suit for want of prosecution. Three months later, Thiel filed a motion under Fed.R.Civ.P. 60(b) asking the judge to reinstate the suit. After ascertaining that Bagdade lacked a good reason for failure to appear-he blamed all problems on his law firm’s receptionist and conceded that he failed to check the district court’s docket even though Thiel had implored him to do so-the district court denied the motion. Bagdade stated that the three-month delay in seeking to reinstate the case occurred because he initially thought that he could simply file a new suit. That was a feeble excuse indeed; the new suit (No. 00 C 6988) was dismissed on the ground of claim preclusion (res judicata), because a dismissal for failure to prosecute “operates as an adjudication upon the merits.” Fed. R.Civ.P. 41(b). Bagdade tried again with a motion under Rule 59(e), and the judge held another hearing. This time the judge learned that Bagdade had done absolutely nothing to prosecute the suit-had not, for example, served the defendants with summons and a copy of the complaint during the seven months that the case had been pending, despite the 120-day limit in Fed. R.Civ.P. 4(m)-and again denied the motion.
These facts show that Thiel has the makings of a malpractice action against
Affirmed
Reference
- Full Case Name
- Judy A. THIEL v. David A. BECKER
- Cited By
- 1 case
- Status
- Published