R.E. Rodgers and Barbara Rodgers v. James G. Watt, Secretary of the Interior of the United States of America

This case has been referred to an en banc panel for the purpose of determining the requirements for relief from judgment, when the time for appeal has expired before the appellant has notice of the entry of judgment. We hold that the trial court did not abuse its discretion in granting relief under Fed.R.Civ.P. 60(b)(1) based on excusable neglect.

Facts

The facts have been well set forth in the panel’s opinion and may be summarized as follows. Both sides filed motions for summary judgment in the district court where the plaintiffs sought review of an administrative decision holding certain unpatented mining claims void. The matter was taken under advisement. Two days later, on March 26, 1980, the district court filed an order granting defendant’s motion for summary judgment and entered judgment dismissing the action.

The clerk of the district court failed to notify the parties of the entry of the judgment.

In April, May, and again in June, plaintiffs’ counsel sent his secretary to check the docket sheet. She reported that the last entry read: “March 24, Record of hearing on Pltf’s Obj to Magistrate’s F/R(30) Ord taking under advise.” Plaintiffs’ counsel concluded the matter…