Rickey Giles v. St Luke's Northland-Smithville
Opinion
Rickey Giles sued his former employer, Saint Luke's Northland-Smithville, for alleged employment discrimination. Saint Luke's moved for summary judgment, and Giles failed to timely respond. After the response deadline expired, Giles asked for additional time to respond, but the district court 1 denied his request and entered summary judgment in favor of Saint Luke's. Giles moved for reconsideration of his request for additional time, and the district court denied that motion. He appeals from that denial.
I.
In 2016, Giles sued Saint Luke's for hostile work environment, retaliation, and discrimination on the basis of race, color, and age. On the parties' motion, the district court issued an amended scheduling order setting April 6, 2017, as the deadline for completing all pretrial discovery. The district court also directed the parties to file all dispositive motions no later than May 5, 2017.
Saint Luke's filed a timely motion for summary judgment on May 5. Giles had 21 days, or until May 26, to respond. Giles did not do so. Instead, on June 4-nine days after the deadline-Giles filed a motion for additional time to respond. Giles gave three justifications for his request: (1) he had been deposed on June 1 for another discrimination case involving Saint Luke's and needed to review that deposition; (2) his counsel had an appellate brief due in five days; and (3) his counsel had an upcoming one-week trip. Giles requested until June 30 to file his response opposing summary judgment.
On June 7 the district court denied Giles's motion and granted summary judgment in favor of Saint Luke's. The district court found Giles's request for additional time, and his failure to comply with the response deadline, to be wholly unjustified. And because Giles had failed to respond, the district court considered the summary judgment motion unopposed and deemed admitted the statement of uncontroverted facts that Saint Luke's had filed. Based on those facts and after an independent review of the record, the district court found that Saint Luke's was entitled to judgment as a matter of law on all of Giles's claims. Judgment was entered the next day.
Giles did not appeal. On June 30, he filed a motion asking the district court to reconsider its denial of his motion for additional time. Giles's counsel reiterated that his other cases had taken more of his time than anticipated, and explained that because Saint Luke's had agreed to additional depositions, presumably to occur after the discovery deadline set by the court, he believed that this agreement had also extended the deadline to respond to the summary judgment motion. Counsel requested until July 10 to finally oppose the summary judgment motion, again to accommodate his personal travel.
The district court denied Giles's motion to reconsider. Because judgment had been entered in the case, it construed the motion as one for relief from a final judgment, order, or proceeding under Federal Rule of Civil Procedure 60(b). The district court found that the reasons Giles's counsel gave-a desire for more depositions, absence from the office for personal travel, and other work demands-did not warrant relief under Rule 60(b).
II.
Giles does not challenge the district court's decision to construe his motion as one under Rule 60(b). To the contrary, he states that it is what he "intended and hoped for." We review the denial of a motion under Rule 60(b) for abuse of discretion.
Inman v. Am. Home Furniture Placement, Inc.
,
The district court analyzed Giles's motion under Rule 60(b)(1), which provides that courts "may relieve a party ... from a final judgment, order, or proceeding for ... excusable neglect." Fed. R. Civ. P. 60(b)(1). When determining whether neglect is excusable, courts consider the following factors derived from
Pioneer Investment Services Co. v. Brunswick Associates Ltd. Partnership
,
The district court did not expressly evaluate each of these factors, but its order demonstrates that they informed its analysis. And in any event, "a court's failure to explicitly balance the
Pioneer
factors does not mandate an automatic reversal."
In re Guidant Corp.
,
The first two
Pioneer
factors-the danger of prejudice to Saint Luke's and the length of the delay and its potential impact on judicial proceedings-favor Giles. Saint Luke's does not claim any prejudice, and we discern none. This is not a case where, for instance, Giles's conduct has imperiled Saint Luke's defense.
See
We reach a similar conclusion as to the third factor-whether the movant has acted in good faith. In assessing this factor, we have "consistently sought to distinguish between contumacious or intentional delay or disregard for deadlines and procedural rules, and a 'marginal failure' to meet pleading or other deadlines."
Johnson v. Dayton Elec. Mfg. Co.
,
But we reach the opposite conclusion as to the final and most important factor-the reason for delay.
See
Feeney
,
Moreover, at no point in the proceedings has Giles actually offered a meritorious defense. We find it particularly troubling that even in the motion to reconsider, Giles still sought additional time to prepare a response. In other words, Giles has never attempted to show why Saint Luke's is not entitled to summary judgment. And when the district court independently considered the record, it granted summary judgment in favor of Saint Luke's.
See
Interstate Power Co. v. Kan. City Power & Light Co.
,
In sum, although Giles's delay was relatively brief, Saint Luke's makes no claim of prejudice, and Giles did not act in bad faith, these factors do not outweigh Giles's carelessness or mistakes in construing the rules and the absence of any apparent meritorious defense.
See
Feeney
,
On appeal, Giles does not address any of the
Pioneer
factors or his lack of a meritorious defense. Rather, he relies only on the "exceptional circumstances" test courts employ to analyze whether relief is warranted under Rule 60(b)(6), which provides that a court may relieve a party from a final judgment for "any other reason that
justifies relief." Fed. R. Civ. P. 60(b)(6) ;
see also
Atkinson v. Prudential Prop. Co.
,
III.
Accordingly, we affirm. We also deny as moot Giles's pending, untimely motion for oral argument. See 8th Cir. R. 34A(d).
The Honorable Dean Whipple, United States District Judge for the Western District of Missouri.
Giles does not appeal from the district court's order granting summary judgment in favor of Saint Luke's.
Reference
- Full Case Name
- Rickey L. GILES, Plaintiff-Appellant v. SAINT LUKE'S NORTHLAND-SMITHVILLE, Defendant-Appellee
- Cited By
- 21 cases
- Status
- Published