context: Rather than showing excusable neglect, then, plaintiff has demonstrated that his lawyer either made a tactical decision not to file responsive papers or was ignorant of the procedural rules governing extensions of time in the federal courts. Thus, even accepting that plaintiff failed to file responsive papers for these reasons, plaintiff is not entitled to relief under Rule 60(b)(1).
citation_a.signal: see also
citation_a.identifier: 440 F.2d 1221, 1223
citation_a.parenthetical: illness of lawyer and lawyer's mistake as to applicable law insufficient grounds for relief under Rule 60(b
citation_a.sentence: See Cirami I, 535 F.2d at 739 (attorney's ignorance of proper procedure insufficient basis for relief under Rule 60(b)(1)); see also Nemaizer v. Baker, 793 F.2d 58, 62 (2d Cir.1986) (attorney’s failure to evaluate or understand the legal consequences of a chosen course of action insufficient ground for relief under Rule 60(b)(1)); United States v. Erdoss, 440 F.2d 1221, 1223 (2d Cir.) (illness of lawyer and lawyer’s mistake as to applicable law insufficient grounds for relief under Rule 60(b)(1)), cert. denied, 404 U.S. 849, 92 S.Ct. 83, 30 L.Ed.2d 88 (1971); United States v. Kirksey, 631 F.Supp. 165, 166-69 (S.D.N.Y.1986) (litigant’s failure to communicate effectively with counsel, and attorney’s tactical decision not to file opposing motions, not grounds for relief under Rule 60(b)(1)).
citation_b.signal: see
citation_b.identifier: 535 F.2d 739, 739
citation_b.parenthetical: attorney's ignorance of proper procedure insufficient basis for relief under Rule 60(b)(1
citation_b.sentence: See Cirami I, 535 F.2d at 739 (attorney's ignorance of proper procedure insufficient basis for relief under Rule 60(b)(1)); see also Nemaizer v. Baker, 793 F.2d 58, 62 (2d Cir.1986) (attorney’s failure to evaluate or understand the legal consequences of a chosen course of action insufficient ground for relief under Rule 60(b)(1)); United States v. Erdoss, 440 F.2d 1221, 1223 (2d Cir.) (illness of lawyer and lawyer’s mistake as to applicable law insufficient grounds for relief under Rule 60(b)(1)), cert. denied, 404 U.S. 849, 92 S.Ct. 83, 30 L.Ed.2d 88 (1971); United States v. Kirksey, 631 F.Supp. 165, 166-69 (S.D.N.Y.1986) (litigant’s failure to communicate effectively with counsel, and attorney’s tactical decision not to file opposing motions, not grounds for relief under Rule 60(b)(1)).