In re: Cook Medical, Inc.

Dist. Ct. did not err in denying plaintiffs’ Rule 60(b)(1) motion for reconsideration of Dist. Ct.’s dismissal of their MDL product liability claims, where: (1) plaintiffs’ counsel failed to abide by Dist. Ct.’s deadline for filing profile forms for plaintiffs that contained details regarding their cases; and (2) plaintiffs’ counsel waited until approximately 13 months to file instant motion. Counsel explained that he had failed to receive electronic docket notification of defendant’s motion to dismiss, and that delay in filing motion to reconsider was caused by problems with his email account. However, denial of plaintiffs’ motion to reconsider was appropriate, where counsel failed to comply with Rule 60(c)(1), which mandates that instant request for reconsideration that was predicated on claim of excusable neglect must be brought within one year of entry of judgment. Moreover, plaintiffs’ counsel could not rely on catch-all provisions contained in Rule 60(b)(6) to avoid time bar set forth in Rule 60(c)(1). Ct. further noted that had plaintiffs’ counsel taken steps outlined in Dist. Ct.’s order regarding filing of profile forms or monitored docket more closely, he could have avoided dismissal in first instance.