Nelson v. Napolitano

Dist. Ct. did not abuse its discretion in denying plaintiffs' motion under Rule 60(b) to reinstate their employment discrimination claim where plaintiff had voluntarily dismissed said action under Rule 41(a)(1) nine months prior to seeking instant reinstatement. Rule 60(b) is extraordinary remedy that is granted only in exceptional circumstances, and plaintiffs' explanation that they sought prior voluntary dismissal for equitable and tactical reasons arising out of arrest of one plaintiff did not fit within one of six categories of grounds eligible for Rule 60(b) relief. Moreover, instant request came after expiration of relevant statute of limitations period, and plaintiffs' counsel could not properly assume that Ill. statute allowing re-filing of case that had been voluntarily dismissed within one year of re-filing applied in instant case.