Pratt v. Philbrook ( 1998 )

[Not for Publication]
United States Court of Appeals
For the First Circuit
No. 97-1932
MARY V. PRATT,
Plaintiff, Appellant,
v.
KELLEY C. PHILBROOK,
Defendant, Appellee.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
[Hon. Michael A. Ponsor, U.S. District Judge]
Before
Stahl, Circuit Judge.
Campbell, Senior Circuit Judge,
and Lynch, Circuit Judge.
William F. Scannell, Jr. with whom Edward W. McIntyre was on
brief for appellant.
Paul G. Pino with whom Clark, Balboni & Gildea was on brief for
appellee.
February 11, 1998
Per curiam. In this appeal, plaintiff-appellant
Per curiam.
Mary V. Pratt asserts that the district court acted outside
its discretion in concluding that her failure to comply with
the terms of its sixty-day Settlement Order of Dismissal was
not a result of "excusable neglect." See generally Pioneer
Inv. Servs. Co. v. Brunswick Assocs. Ltd., 507 U.S. 380(1993) (explaining the concept of "excusable neglect").
Having carefully reviewed the court's determinations -- as
set forth in its comprehensive opinion -- in the light of
plaintiff's appellate arguments, we perceive no abuse of
discretion. The court's factual findings are well supported
and its mixed fact/law determinations are unassailable.
Affirmed. Costs to appellee.
Affirmed. Costs to appellee.
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