Robert Lepkowski v. United States Department of the Treasury

STARR, Circuit Judge:

This is an appeal from the District Court’s denial of a motion for reconsideration sought under Rule 60(b)(1) of the Federal Rules of Civil Procedure. The underlying action had been dismissed for protracted failure to file an opposition to a motion to dismiss filed by the Department of Treasury. Attorneys for Mr. Lepkowski argued before the District Court that their failure to file a timely response to a motion to dismiss was “excusable neglect” within the meaning of Rule 60(b).1 The District Court was unpersuaded that counsel’s un*1312disputed neglect was, in fact, excusable.…