Free Order on Motion to Set Aside Judgment - District Court of Connecticut - Connecticut

( I Gage 3:03-cv-01049-RNC Document 21 Filed 04/25/2005 Page 1 of 1 I
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UNITED STATES DISTRICT COURT FI
. DISTRICT OP CONNECTICUT " "”’ ~ ‘
[005 FEB
DENISE CORREA, : CIVII; S:0;éVB49:(R§C) ’
Plaintiff g . {4_ ._ ·, . W »
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POSTMASTER, U.S. POSTAL : JURY TRIAII
SERVICE ; I
Defendant : FEBRUARY 18, 2005 l I
_ ’
Plaintiff, through counsel undersigned, hereby moves this Court to set aside the dismissal I
,_ entered by this Court on or about January 21, 2005. In support of this Motion, Plaintiff I
1 hereby represents as follows: i
I i
· 1. I No copy of the Defendant! s Motion to Dismiss was ever served, or received I *
in this office, up to and including the present time, as attested to in the
attached Affidavits. (Exhibits A, B and C) I
2. FRCP 5(a) provides in pertinent part that ”Except as otherwise provided in
1.1.--- .....1-.. -----..- ,-1- . Jul l , 1 . . .• . . a . r . .. --
April 25, 2005
Correa v. Potter, No. 3:03—CV—lO49(RNC)
”, Re: Plaintiff’s Motion to Set Aside Dismissal [doc. # 19]
Denied without prejudice. Plaintiff’s motion fails to provide a
basis for relief under Fed. R. Civ. P. 60(b). Even assuming
_ plaintiff’s counsel never received Potter’s motion to dismiss, as
I he contends, the court’s order granting Potter’s request to file
the motion put him on notice that the motion would be filed, and
he had an obligation to monitor the status of the case, as the
3 icourt noted in its ruling and order granting plaintiff’s motion
for an extension of time to serve the complaint beyond the 120
1 n days permitted by Fed. R. Civ. P. 4(1) [doc. # 6]. More
y importantly, plaintiff still offers no evidence to rebut tgp
defendant’s showing that she failed to exhaust her admEhis5%ative
I remedies before filing this suit. Any further motiongfb sq; WW1
aside the dismissal must be filed and served on or begbie Hay gy:
2005, and must be supported by an affidavit ofIplaint;Ef’§R
counsel establishing a basis for relief under Fed. R§S€§v. P. {T] I
60(b)» Plus evidence showing that plaintiff did exhags&;he¥’, Q:}
_ administrative remedies. So ordered. ;w§Q 55 I
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Robert N. ChatignyZ0UZS.D.J.