United States Seventh Circuit

A sealed affidavit supporting plaintiff's motion to set aside a dismissal by the district court is ordered unsealed and placed in the public record, as the district judge refused to allow defense counsel to see the affidavit that plaintiffs tendered in support of their Rule 60(b)(1) motion and thus defendant had no means to oppose the motion. A judicial decision based on information that has been withheld from counsel is extraordinary and requires a compelling justification which neither party has articulated.

Appellate Information

• Argued 11/06/2009
• Decided 06/03/2009
• Published 06/03/2009

Judges

• POSNER, Circuit Judge., Before POSNER, KANNE, and ROVNER, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Mario E. Utreras, Attorney (argued), Utreras Law Offices, LLC, Chicago, IL, for Plaintiffs-Appellants.


• For Appellees:
  
• Sara J. Kagay, Attorney (argued), Richard H. Schnadig, Attorney, Vedder Price Kaufman & Kammholz, Jonathan D. Karmel, Attorney (argued), Karmel & Gilden, Chicago, IL, for Defendants-Appellees.