United States District Court, S.D. Illinois
June 7, 2005.
ANNIE CRAWFORD, on behalf of herself and all others similarly situated, Plaintiff,
TALK AMERICA, INC. a Pennsylvania corporation, Defendant.
The opinion of the court was delivered by: DAVID HERNDON, District Judge
ORDER GRANTING PLAINTIFF'S MOTION TO VACATE JUNE 6, 2005 ORDER
PURSUANT TO RULE 60(b)
This matter comes before the Court on Plaintiff's Motion To
Vacate June 6, 2005 Order Pursuant To Rule 60(b). The Court has
carefully considered the papers submitted herein. The Motion is
GRANTED. The Court finds that Plaintiff's counsel's negligence
in failing to timely file an opposition to Defendant's May 16,
2005 Motion To Compel Arbitration And Stay Action Pursuant To The
Federal Arbitration Act Or, Alternatively, To Stay The Action In
Favor Of The Primary Jurisdiction Of The Federal Communications
Commission is excusable. Plaintiff shall file her response to
Defendant's motion no later than June 13, 2005.
IT IS SO ORDERED.
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