Jeffrey Russell v. Sharon Taffet
CourtCourt of Appeals for the Third Circuit
Date FiledNovember 10, 2026
Docket26-1060
StatusUnpublished
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Full Opinion
NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
___________
No. 26-1060
__________
JEFFREY B. RUSSELL; ROSEMARY RUSSELL
v.
SHARON L. TAFFET; DAVID M.M. TAFFET, Esquire; TRACY R. WILLIAMS
TRACY R. WILLIAMS,
Appellant
____________________________________
On Appeal from the United States District Court
for the Eastern District of Pennsylvania
(D.C. No. 2:14-cv-04552)
District Judge: Honorable Nitza I. Quiñones Alejandro
____________________________________
Submitted Pursuant to Third Circuit LAR 34.1(a)
September 23, 2026
Before: CHAGARES, Chief Judge, HARDIMAN and FREEMAN, Circuit Judges
(Opinion filed: November 10, 2026)
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OPINION *
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PER CURIAM
*
This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not
constitute binding precedent.
Tracy Williams appeals the District Court’s order denying her motion for
reconsideration. For the reasons that follow, we will affirm the District Court’s order.
In 2014, Jeffrey and Rosemary Russell filed a complaint in the United States
District Court for the Eastern District of Pennsylvania alleging fraud, unjust enrichment,
and breach of fiduciary duty against Williams and other defendants. In June 2016,
Williams filed counseled pleadings in the bankruptcy proceedings of her codefendants.
She requested that the bankruptcy court dismiss an adversary proceeding with the same
operative facts and allow the District Court to address the claims. The bankruptcy court
dismissed the adversary action. In December 2020, the District Court in this action
entered a default judgment against Williams for over 7 million dollars.
In November 2024, Williams filed a motion to set aside the judgment, alleging
that she did not have notice of the District Court action until October 2024. In April
2025, the District Court denied the motion. It noted, as described above, that Williams’s
attorney mentioned the District Court action in a bankruptcy court pleading filed in 2016.
Williams did not appeal the District Court’s decision.
In October 2025, Williams filed a motion pursuant to Fed. R. Civ. P. 60(b)(4),
arguing that the District Court’s judgment was void because she was never served with
process in this action. The District Court denied the Rule 60(b)(4) motion. It determined
that the motion was untimely and that the judgment was not void. Williams then filed a
motion for reconsideration. The District Court construed the motion as arising under
Rule 59(e) and denied it, concluding that Williams had not shown any basis for
reconsideration. Williams filed a timely notice of appeal.
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We have jurisdiction under 28 U.S.C. 1291. We review the denial of a Rule
60(b)(4) motion de novo, see Budget Blinds, Inc v. White, 536 F.3d 244, 251 n.5 (3d Cir.
2008), and a motion for reconsideration for an abuse of discretion. See Max’s Seafood
Cafe v. Quinteros, 176 F.3d 669, 673 (3d Cir. 1999). We may affirm the District Court
on any ground supported by the record. Tourscher v. McCullough, 184 F.3d 236, 240 (3d
Cir. 1999).
Rule 60(b)(4) allows for relief from a judgment that is void. A motion pursuant to
Rule 60(b)(4) must be made within a reasonable time. See Fed. R. Civ. P. 60(c)(1);
Coney Island Auto Parts Unlimited, Inc. v. Burton Tr. for Vista-Pro Auto., LLC, 607 U.S.
155, 157 (2026).
In her brief, Williams argues that (1) the judgment is void because she was never
served; (2) her receiving notice of the litigation in 2024 does not cure the defective
service; (3) the District Court improperly relied on delay, prejudice, and equities which
are irrelevant to Rule 60(b)(4); (4) the District Court ignored key evidence; and (5) fraud
renders the judgment unenforceable.
We need not address whether Williams was properly served under Pa. R. Civ. P.
402(a)(2)(iii) or had notice of the District Court litigation in 2014, because she had notice
of the litigation in 2016, four years before the default judgment was entered. See Link v.
Wabash R. Co., 370 U.S. 626, 634 (1962) (explaining that “each party is deemed bound
by the acts of his lawyer-agent and is considered to have notice of all facts, notice of
which can be charged upon the attorney”) (internal quotation marks omitted). Because
Williams was aware of the District Court litigation years before the default judgment was
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entered in 2020, the Rule 60(b)(4) motion was not made within a reasonable time when it
was filed in 2025.
Accordingly, we will affirm the District Court’s judgment.
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