Deras v. Johnson & Johnson
CourtCourt of Appeals for the Fifth Circuit
Date FiledOctober 7, 2026
Docket26-10362
StatusUnpublished
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Full Opinion
Case: 26-10362 Document: 34-1 Page: 1 Date Filed: 10/07/2026
United States Court of Appeals
for the Fifth Circuit
United States Court of Appeals
Fifth Circuit
____________ FILED
October 7, 2026
No. 26-10362 Thomas B. Plunkett, III
____________ Clerk
Francisco Deras,
Plaintiff—Appellant,
versus
Johnson & Johnson Services, Incorporated,
Defendant—Appellee.
______________________________
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:25-CV-812
______________________________
Before Jones, Southwick, and Duncan, Circuit Judges.
Per Curiam: *
Appellant Francisco Deras appeals the district court’s denial of his
motion to reopen a case that was dismissed for failure to comply with a local
rule of the United States District Court for the Northern District of Texas.
On July 30, 2025, Deras filed the underlying suit against his employer,
Johnson & Johnson, asserting claims under the Fair Labor Standards Act. On
the same day, the district court issued counsel electronically issued a 14-day
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 26-10362 Document: 34-1 Page: 2 Date Filed: 10/07/2026
notice under Local Rule 83.10(a). The rule provides that an attorney who
does not live or keep an office in the district must, within 14 days, retain local
counsel whose office or residence is within fifty miles of the courthouse
where the action is pending. See N.D. Tex. Civ. R. 83.10(a). But Deras’s
attorney failed to appoint local counsel before the deadline and, on August
14, 2025, the district court dismissed the case without prejudice under
Federal Rule of Civil Procedure 41(b). See Campbell v. Wilkinson, 988 F.3d
798, 800 (5th Cir. 2021) (explaining failure to comply with local rule may
result in “dismissal of [the] case without prejudice and without further
notice”). The dismissal order invited Deras to move to reopen the case
“should this dismissal without prejudice function as a dismissal with
prejudice.”
That same day, Deras moved to reopen the case under Federal Rule
of Civil Procedure 60(b)(1), including the required notice of appearance of
local counsel. See Fed. R. Civ. P. 60(b)(1) (authorizing district court to
relieve a party from final judgment on grounds of “mistake, inadvertence,
surprise, or excusable neglect”). He argued that counsel’s mistake was
“excusable” under the four-factor test from Pioneer Ins. Servs. Co. v.
Brunswick Assocs. Ltd. P’ship, 507 U.S. 380 (1993). See id. at 395–96
(considering “danger of prejudice,” “length of delay and potential impact on
judicial proceedings,” “reason for the delay, including whether it was within
the reasonable control of the movant,” and “whether the movant acted in
good faith”). The district court denied the motion, however, ruling Deras
failed to show that dismissal without prejudice amounted to dismissal with
prejudice. On August 19, 2025, Deras filed a second motion to reopen, which
the district court again denied.
Deras appealed and we reversed. See Deras v. Johnson & Johnson
Servs., Inc., 169 F.4th 601, 602 (5th Cir. 2026). We ruled that the district
court did not consider the relevant factors in determining whether Deras’s
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failure to retain local counsel was excusable and, as a result, abused its
discretion in denying his Rule 60(b)(1) motions. See Deras, 169 F.4th at 605.
We vacated those denials and remanded for further proceedings. Ibid.
On remand, the district court—while expressing disagreement with
our ruling—nonetheless identified the Pioneer factors governing the
excusable neglect inquiry under Rule 60(b)(1). The court then ruled that
Deras’s proffered excuse for failing to designate local counsel amounted
merely to “inadvertent mistake of counsel, that is, ignorance of the local rules
and failure to make reasonable inquiry when put on notice.” Citing our
precedents, the court concluded that such a mistake was insufficient to
overcome our circuit’s “high bar” for Rule 60(b)(1) relief. See, e.g.,
Williamson v. City of Morgan City, 428 F. App’x 356, 357 (5th Cir. 2011);
Edward H. Bohlin Co. v. Banning Co., 6 F.3d 350, 356–57 (5th Cir. 1993);
Rayford v. Karl Storz Endoscopy Am., Inc., 740 F. App’x 435, 437 (5th Cir.
2018).
Deras again appeals. We review the denial of a Rule 60(b)(1) motion
for abuse of discretion. See Deras, 169 F.4th at 603 (citing Banning Co., 6 F.3d
at 353). “The district court’s decision ‘need only be reasonable.’” Ibid.
Deras principally argues that the district court’s analysis on remand
improperly made a single Pioneer factor (reason for delay) dispositive by
failing to consider prejudice, length of delay, or good faith. We disagree.
While Deras is correct that the order on remand focuses on the reason for
delay, the court’s failure to explicate the other three factors does not rise to
an abuse of discretion. This Court has previously held that Pioneer should not
be read to change the “well-established rule that inadvertent mistake,…gross
carelessness, ignorance of the rules, or ignorance of the law are insufficient
bases for 60(b)(1) relief.” In re Pettle, 410 F.3d 189, 192 (5th Cir. 2005) (citing
Banning Co., 6 F.3d at 356-57). The district court here correctly identified the
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relevant factors 1 and evidently determined that a single factor weighed so
heavily in favor of denial that analysis of the others was not relevant. The
court’s analysis properly referenced our decision in Banning Co., where we
explained that “a court would abuse its discretion if it were to reopen a case
under Rule 60(b)(1) when the reason asserted as justifying relief is one
attributable solely to counsel’s carelessness with or misapprehension of the
law or the applicable rules of court.” 6 F.3d at 357 (citing Knapp v. Dow
Corning Corp., 941 F.2d 1336, 1338 (5th Cir. 1991)).
We see no abuse of discretion in the court’s basing its Rule 60(b)(1)
denial principally on that factor. See Bynum v. Ussin, 410 F. App’x 808 (5th
Cir. 2011) (denying Rule 60(b)(1) relief where attorney failed to provide a
satisfactory reason for failure to file on time).
AFFIRMED.
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1
For that reason, we reject Deras’s arguments that the district court failed to
faithfully implement our court’s mandate on remand and that the case should be reassigned
to another judge.
4