Pratt v. Philbrook

174 F.R.D. 230, 1997 U.S. Dist. LEXIS 10816, 1997 WL 418058
CourtDistrict Court, D. Massachusetts
DecidedJuly 24, 1997
DocketCivil Action No. 95-30143-MAP
StatusPublished
Cited by2 cases

This text of 174 F.R.D. 230 (Pratt v. Philbrook) is published on Counsel Stack Legal Research, covering District Court, D. Massachusetts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pratt v. Philbrook, 174 F.R.D. 230, 1997 U.S. Dist. LEXIS 10816, 1997 WL 418058 (D. Mass. 1997).

Opinion

MEMORANDUM AND ORDER ON REMAND

PONSOR, District Judge.

I. INTRODUCTION

This motor vehicle tort case was dismissed, in accordance with a warning contained in a written court order, sixty days after counsel announced it was settled. Three weeks after this sixty-day cut-off, plaintiffs counsel attempted to reopen the case, eventually arguing that his failure to forestall the dismissal resulted from excusable neglect. I refused to reopen the case, and plaintiff thereafter appealed.

On March 19, 1997 the Court of Appeals remanded the case to permit me to consider again the question whether plaintiffs counsel’s failure to comply with the sixty-day order of dismissal arose from excusable neglect. Central to the First Circuit’s analysis was the Supreme Court’s decision in Pioneer Inv. Servs. Co. v. Brunswick Assocs. Ltd. Partnership, 507 U.S. 380, 113 S.Ct. 1489, 123 L.Ed.2d 74 (1993), which “signalled a substantial degree of elasticity in the definition of ‘excusable neglect.’” Pratt v. Philbrook, 109 F.3d 18 (1st Cir.1997).

On remand, I directed counsel to submit affidavits on issues highlighted by the First Circuit’s opinion. Having now reviewed at length not only these affidavits but also several deposition transcripts and other documents, and carefully considered all the factors noted by the Supreme Court in Pioneer and by the First Circuit on appeal, I will decline to alter my ruling, on two grounds. First, for reasons now made clearer by counsels’ recent submissions, conferral of relief based on excusable neglect on the facts of this case would fly in the face of Pioneer, rendering an elastic standard utterly formless. Second, even if I had the discretion under Pioneer and Fed.R.Civ.P. 60(b), this case does not present facts that persuade me to reopen the ease.

II. FACTUAL AND PROCEDURAL BACKGROUND

Based on my review of the record in this case, I make the following findings of fact. Because the facts are undisputed or, where disputed, have been resolved in favor of plaintiff, an evidentiary hearing has not been necessary.

On February 23, 1995, the plaintiff Mary V. Pratt was riding as a passenger in a motor vehicle operated by her sister, Rita Dreyer, on Route 6A in Dennis, Massachusetts, when their car was struck by a van operated by the defendant Kelley Philbrook. Both Dreyer and Pratt received serious injuries and, in addition, Dreyer’s car was badly damaged. For purposes of this Memorandum, the court will assume that the accident was Philbrook’s fault.

■ Philbrook was covered by a single-limit policy issued by General Accident, carrying maximum coverage of $100,000. Dreyer had a policy of insurance with Plymouth Rock, carrying substantial underinsured coverage.

After the accident, Pratt retained the services of Attorney Edward W. McIntyre to press her claim for personal injury. McIntyre for some time also represented Dreyer. In fact, he settled Dreyer’s claim for property damage — i.e., the damage to her car— against her own insurer, Plymouth Rock. McIntyre Dep. at 51.

On June 16, 1995, McIntyre filed a complaint on behalf of Mary Pratt in the Hamp-den County Superior Court. This lawsuit [232]*232was removed to this court on July 10,1995 on the basis of diversity. On July 18, 1995, Attorney McIntyre filed a Motion for a Speedy Trial, pointing out that the plaintiff was 87 years of age.

On August 3, 1995, confusion about representation led Chuck Creamer, an adjuster for General Accident, to write to McIntyre, among others, seeking clarification as to who was representing Pratt and who was representing Dreyer. This letter made reference to Plymouth Rock’s subrogated property damage claim against General Accident arising from the February 23 incident. At some point, McIntyre confirmed he had withdrawn as counsel for Dreyer and was representing only Pratt.

Acknowledging plaintiffs motion for a speedy trial at a September 14,1995 scheduling conference,- I ordered counsel to “structure discovery so that information needed to permit early assessment of this case will be obtained on or before November 30, 1995.” Pretrial Scheduling Order of September 15, 1995 (Dkt. No. 10). The court also ordered counsel to appear on December 5,1995 (later continued to January 17, 1996), for a settlement conference. Because the General Accident policy contained a single limit, and because claims were also pending against this policy by Rita Dreyer, the court also ordered counsel for Dreyer to appear to discuss settlement.

On January 17, 1996 Attorney McIntyre representing Pratt, Attorney James Quirk representing the non-party claimant Dreyer, Attorney Paul Pino representing the defendant Philbrook and Chuck Creamer, the adjuster for General Accident, Philbrook’s carrier, all appeared for a settlement conference. At that time, a claim by Pratt for personal injuries, a claim by Dreyer for personal injuries and a subrogated claim by Plymouth Rock for reimbursement of the monies it had paid to its own insured for property damage were all pending against General Accident’s single-limit $100,000 policy. All counsel knew this. The property damage claim was for $5,000 or $6,000. Dep. of James T. Sullivan (co-counsel for Dreyer with Quirk) at 10. Also attending the conference were the plaintiff Pratt, along with her daughter and her son-in-law.

At the settlement conference, the court inquired of Attorney Quirk whether his client Dreyer had reached a medical endpoint permitting discussions with regard to an overall settlement. Quirk indicated that he was still awaiting information but that he thought “it may be beneficial for us to discuss the matter today.” Transcript of January 17, 1996 settlement conference at 6. The court then confirmed that the General Accident policy limit was $100,000 total. Pino, counsel for the defendant Philbrook, confirmed that his client was a self-employed carpenter without significant assets, so it was unlikely that any substantial funds beyond the $100,000 would be available to cover the various claims. Id. at 8.

During the course of the conference, Attorney McIntyre suggested that he and counsel for Dreyer could come to “some sort of an accommodation for the sisters” regarding the settlement. He also noted that Rita Dreyer might receive compensation for her injuries out of her own insurance policy, through its under-insurance coverage. Id. at 9.

Following some additional discussion, the court consulted at some length with both sides separately, in chambers and off the record. As a result of these discussions, a resolution of the case was reached whereby General Accident would pay the full $100,000 policy limit. Both attorney McIntyre, representing Pratt, and Attorney Quirk, representing Dreyer, assured the court that there would be no problem in negotiating the division of the $100,000 promptly. All participants in the settlement conference now agree, in addition, that nothing was said explicitly at any time during the conference on or off the record regarding Plymouth Rock’s subrogated claim for property damage against the same policy.

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Related

Nabors v. New England Mutual Life Insurance
204 F.R.D. 6 (D. Massachusetts, 2001)
Pratt v. Philbrook
38 F. Supp. 2d 63 (D. Massachusetts, 1999)

Cite This Page — Counsel Stack

Bluebook (online)
174 F.R.D. 230, 1997 U.S. Dist. LEXIS 10816, 1997 WL 418058, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pratt-v-philbrook-mad-1997.