Cecil D. Stevens v. Itt Systems, Inc., Dba Itt Courier Systems

Appellant Cecil D. Stevens petitions this court to reverse the district court's order denying his motion under Fed.R.Civ.P. 60(b)(1) to vacate and reenter judgment so that he may timely appeal from a summary judgment entered against him. We affirm.

I

The background facts need only be stated briefly. More details will be provided upon addressing the legal claim for relief.

In November of 1984 Cecil D. Stevens (“Stevens”) sued ITT Systems, Inc. (“ITT”) for wrongful termination of his employment. In July 1986 ITT moved for summary judgment. At the hearing on July 30, 1986, in the presence of Stevens’ attorney, the district judge orally granted the motion and ordered ITT’s counsel to prepare an order and judgment conforming to the ruling. The district judge rejected ITT’s initial proposed disposition, but accepted a revised version. Stevens’ attorney was served on August 7, 1986, with this version. Judgment was entered on August 20, 1986. However, the clerk’s office inadvertently failed to notify either party about this entry. The district court’s docket sheet did show that judgment had been entered on this date.

II

We review the district court’s decision to deny the Rule…