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Senator Edward Kennedy — Part 22
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Gelineau on October 19, 1988, it was not accompanied by a copy of
either the summons or the ‘complaint in this action. ‘The first
actual notice as to the existence and scope of these documents:
came by medium of telephone conversation received by Attorney
Murphy, counsel for Bishop Gelineau, on March 14, 1990.°
Rule 6(b)(2) is to be read in conjunction with Rule 1, Fed.
R. Civ. P.,* and grants to a court wide discretion to fashion
relief. Johnson Chem. Co. v. Condado Center, Inc., 453- F.2d
1044, 1047 (ist Cir. 1972). "Excusable neglect" depends in part
upon the importance of the: matter involved: and the prejudice, if
any, to the other party." Coady v. Aquadilla Terminal, Inc., 456
F.2d 677, 678 (ist Cir. 1972). The discretion afforded to the
court is not to be exercised in a manner that prejudices the
other party's substantial rights. CIA Petrolera Caribe, Inc. v.
Arco Caribbean, Inc., 754 F.2d 404, 409 (1st Cir. 1985).
‘Here, as examination of the file demonstrates that delay in
the progress of this litigation is largely attributable to plain-
tiff, and on consideration that decision on the merits is the
strong policy of the First Circuit, United States v. Pole, No.
3172, Hopkinton, 852 F.2d 636, 642 (1st Cir. 1988); Richman v.
3It appears’ that counsel for a codefendant upon recéiving a
copy of the R & R telephoned Murphy to alert him to the fact that
the R & R suggested default against defendants who might include
his client Bishop Gelineau.
“Rule 1, Fed. R. Civ. P.., mandates that the federal rules
“be construed to secure to the just; speedy, and inexpensive
‘determination of every action." |
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