Intermountain Constr., Inc. v. Munro (In re Munro)
UNPUBLISHED
By asserting that its counsel did not see an order to show cause, which had been delivered, until after the action had been dismissed, plaintiff failed to establish excusable neglect that would justify relief from the order of dismissal. Where failure to comply with legal requirements results from a litigant's own procedures, the failure is not due to "excusable neglect." Nonetheless, since defendant's counsel did not object to setting aside the dismissal, the motion for relief was granted, but on condition that plaintiff's counsel pay $100.00 to defendant's counsel and that, should defendant prevail at trial or on a motion for summary judgment, defendant's attorney's fees would be assessed against both plaintiff and its counsel.