Lombardi

MEMORANDUM

Morelia Lombardi sued the United States Department of Housing and Urban Development and several of its officers and employees, alleging they violated Title VIPs anti-retaliation provision, 42 U.S.C. § 2000e-3(a), and the Rehabilitation Act of 1973, 29 U.S.C. § 701 , et seq.

Defendants moved for summary judgment, but Lombardi’s counsel twice failed to file a timely opposition. The district court, exercising its authority under Fed.R.Civ.P. 56(e) to treat the motion as unopposed, held there were no material factual disputes for trial and granted judgment for the defendants.

Before the court entered judgment, Lombardi’s attorney filed what he styled an ex parte application for relief under Fed.R.Civ.P. 60(b). He argued that his failure to file a timely opposition constituted “excusable neglect” under Rule 60(b)(1), and that unspecified “extraordinary circumstances” warranted relief under Rule 60(b)(6). The district court recognized that counsel’s pre-judgment filing was not a true Rule 60(b) motion but concluded that, even if the Rule applied, counsel had shown no basis for relief under either provision.

Counsel filed no appeal on Lombardi’s behalf from the order…