Simon Hutchinson v. South Central Bell Telephone Company, and Liberty Mutual Insurance Co., Intervenor-Appellee

ALVIN B. RUBIN, Circuit Judge:

The only truly debatable issue in this appeal is whether the district court erred in failing to grant a motion based on Fed.R. Civ.P. 60(b) to set aside a summary judgment so that newly engaged counsel could present a new theory of liability as well as facts to support that theory. Following our consistent jurisprudence, which requires substantial deference to the district court’s decision denying a Rule 60(b) motion to reopen a case, we affirm the court’s refusal to do so.

These are the facts about which there is no genuine dispute as presented to the district…