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UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

KHETAM NIMER, an individual, 

and MONA HAMED, an individual, 

Plaintiffs, 

 Case No. 14-13689 

v. 

 HON. GEORGE CARAM STEEH 

ADAM TOURS OF NEW YORK, INC., 

a corporation, 

 Defendant. 

_______________________________/ 

ORDER GRANTING PLAINTIFFS’ MOTION 

FOR RELIEF FROM JUDGMENT (ECF NO. 36) 

 The court dismissed this case on January 9, 2020, for failure to 

prosecute and entered judgment the same day. ECF No. 34, 35. Plaintiffs 

seek to set aside the court’s order and judgment. 

On November 26, 2019, the court ordered Plaintiffs to file a certificate 

of service and a motion for default judgment, or risk dismissal, by 

December 16, 2019. When Plaintiffs failed to file the certificate of service 

and motion for default, the court dismissed the case. 

Plaintiffs’ counsel requests that the court set aside the judgment, 

pursuant to Federal Rule of Civil Procedure 60(b)(1). Counsel asserts that 

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his failure to file the required papers was caused by excusable neglect, 

because his mother passed away on December 12, 2019. 

Under Rule 60(b)(1), a party may obtain relief from judgment based 

upon “mistake, inadvertence, surprise, or excusable neglect.” With respect 

to excusable neglect, “the determination is at bottom an equitable one, 

taking account of all relevant circumstances surrounding the party’s 

omission. These include . . . the danger of prejudice to the [nonmoving 

party], the length of the delay and its potential impact on judicial 

proceedings, the reason for the delay, including whether it was within the 

reasonable control of the movant, and whether the movant acted in good 

faith.” Pioneer Inv. Servs. Co. v. Brunswick Assocs. Ltd. P’ship, 507 U.S. 

380, 395 (1993). The Sixth Circuit has recognized that “the Pioneer factors 

‘do not carry equal weight; the excuse given for the late filing must have the 

greatest import. While [the others] might have more relevance in a closer 

case, the reason-for-delay factor will always be critical to the inquiry.’” 

United States v. Munoz, 605 F.3d 359, 372 (6th Cir. 2010) (citation 

omitted). 

Plaintiffs were to file their certificate of service and motion for default 

judgment by December 16, 2019. Plaintiffs’ counsel admittedly lost track of 

his responsibilities after the death of his mother on December 12, 2019. 

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Under the circumstances, the court finds that the reason for the delay 

weighs in favor of a finding of excusable neglect. Additionally, the court 

finds neither bad faith on the part of Plaintiffs nor prejudice to the nonmovant. 

 Accordingly, IT IS HEREBY ORDERED that Plaintiffs’ motion for 

relief from judgment (ECF No. 36) is GRANTED and the judgment is 

VACATED. Plaintiffs shall have until May 22, 2020, to file their certificate 

of service and motion for default judgment. If the required papers or motion 

for extension of time are not filed by that date, the court will dismiss this 

action without further notice or hearing. 

 SO ORDERED. 

Dated: May 6, 2020 

s/George Caram Steeh 

GEORGE CARAM STEEH 

UNITED STATES DISTRICT JUDGE 

CERTIFICATE OF SERVICE 

Copies of this Order were served upon attorneys of record on 

May 6, 2020, by electronic and/or ordinary mail. 

s/Brianna Sauve 

Deputy Clerk

 

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