Casey v. Dalkon Shield Trust (In re A.H. Robins Co.)
Casey v. Dalkon Shield Trust (In re A.H. Robins Co.)
Opinion of the Court
MEMORANDUM
This matter is before the Court on Movant Rita Jane Casey’s (“Casey”) Motion For Reinstatement of her disallowed Daikon Shield claim.
I.
The procedures employed by this Court with respect to the disallowance of Daikon Shield claims has been outlined by this Court on numerous occasions. See, e.g., In re A.H. Robins Co. (Porter v. Dalkon Shield Claimants Trust), 197 B.R. 613 (E.D.Va. 1996); In re A.H. Robins Co. (Louis v. Dalkon Shield Claimants Trust), 197 B.R. 488 (E.D.Va. 1994). The Court will therefore only briefly summarize the facts which are relevant to this Motion. On May 2, 1986, the Bankruptcy Court received a proof of claim in the form of a postcard from Casey.
The Court then sent Casey a “Notice of Disallowed Claim” and a “Reinstatement Request Form” to her address of record.
On September 21, 1990 Casey filed her Motion For Reinstatement.
II.
In In re A.H. Robins Co. (Louis v. Dalkon Shield Claimants Trust), 197 B.R. 488 (E.D.Va. 1994), this Court held that inadequate notice, as a ground for relief from the Disallowance Order, falls within the “excusable neglect” clause of Fed.R.Civ.P. 60(b)(1). Id. at 490; In re A.H. Robins Co. (Porter v. Dalkon Shield Claimants Trust), 197 B.R. 613, 615 (E.D.Va. 1996). Casey’s Motion is therefore reviewed under the excusable neglect standard of Rule 60(b)(1).
As a threshold matter, Casey is entitled to relief under Rule 60(b)(1) only if her motion was made within a reasonable time and not more than one year after the judgment or order from which relief is sought. Fed.R.Civ.P. 60(b)(1). Casey’s Motion fails on the question of timeliness. The record reflects that her claim was disallowed on July 20, 1987. Three years later, Casey filed her Motion To Reinstate. Because her Motion was not filed within the one year period allowed by Rule 60(b)(1), the Motion is untimely. Accordingly, the Court will deny Casey’s Motion.
. Casey sent a letter to the Bankruptcy Court on September 7, 1990 seeking reinstatement of her disallowed claim. The Court docketed Casey’s correspondence as a Motion For Reinstatement under Federal Rule of Civil Procedure 60(b). See In re A.H. Robins Co. (Wiltz), 862 F.2d 1092 (4th Cir. 1988). The Court also notes that Casey appears pro se and is mindful that courts must liberaEy construe the pleadings of pro se parties. See Gordon v. Leeke, 574 F.2d 1147, 1151-52 (4th Cir.) cert. denied, 439 U.S. 970, 99 S.Ct. 464, 58 L.Ed.2d 431 (1978); Coleman v. Peyton, 340 F.2d 603, 604 (4th Cir. 1965).
. A copy of Casey’s proof of claim is attached to the Trust’s Response as Exhibit B.
. A copy of the Notice of Disallowed Claim, addressed to Casey, is attached to the Trust’s Response as Exhibit E.
. In Wiltz, 862 F.2d 1092, the Fourth Circuit affirmed this Court’s Order of July 20, 1987, disallowing Casey’s claim, as well as many other claims against the Trust. The Fourth Circuit also confirmed the right of Daikon Shield claimants to challenge disallowance of claims under either Federal Rule of Bankruptcy 9006(b)(1) or Federal Rule of Civil Procedure 60(b). Id. at 1097; see also Maressa v. A.H. Robins Co., 839 F.2d 220, 221 (4th Cir. 1988).
Reference
- Full Case Name
- In re A.H. ROBINS COMPANY, INCORPORATED, Debtor. Employer's Tax Identification No. 54-0486348. Rita Jane CASEY, Movant v. DALKON SHIELD TRUST
- Cited By
- 1 case
- Status
- Published