Moje v. Federal Hockey League, LLC

Dist. Ct. did not err in denying defendant’s motion to vacate default judgment that had been entered after defendant’s original counsel had failed to file answer to complaint. Instant motion to vacate had been filed within six months of entry of final judgment, and thus “mistake, inadvertence, surprise or excusable neglect” standard applied under Rule 60(b)(1). Moreover, plaintiff failed to show that both its own conduct and conduct of its lawyer satisfied definition of “excusable neglect,” where: (1) defendant initially failed to tender complaint to its insurer when it received instant personal injury complaint; and (2) defendant failed to act promptly to protect itself after being alerted by co-defendant that defendant’s counsel had failed to file answer to complaint.