12345678910111213141516171819202122232425262728- 3 - November 13th 2006, by Dr. Berman, the surgical procedures that Plaintiff Hiawatha Hoeft-Rossunderwent were not effective at alleviating his pain or stabilizing his condition (see exhibit"11").Plaintiff advised counsel on November 21st 2006 of this (see exhibit "12" through "12D") andasked to stipulate to an indefinite continuance, but did not receive an answer by November 27th 2006(see exhibit "13-13D"). Plaintiff then received a letter from counsel stating that they would notstipulate to an indefinite continuance, but seek out a summary judgement (see exhibit "14"). Plaintiff wrote back to Mr. Kealy, Defendants' counsel and stated that he regretted that a stipulation cannot be reached without court intervention ( see Exhibits "15-15C") plaintiff Monica Hoeft-Ross wroteMr. Kealy on January 3rd 2007, stating that Hiawatha Hoeft-Ross' condition had not stabilized andwas awaiting their summary judgement (see exhibit "16-16C"). Plaintiffs received a response fromMr. Kealy on January 10th 2007, confused about the awaiting of a summary judgement anddiscussing a resolution. As stated before, Plaintiff Hiawatha Hoeft-Ross was in no condition todiscuss any such resolution as he was not mentally capable of resolving legal matters (see exhibit"17").Dr. John N. Chappel wrote a declaration in that Plaintiff Hiawatha Hoeft-Ross has not been able tofunction well enough to attend court (see exhibit "18"). Plaintiff Hiawatha Hoeft-Ross has hadanother appointment with Reno Diagnostics for diagnostic medical examinations to be performeddue to his non-responsiveness to previous medical procedures (see exhibit "19").
Grounds For a 60(b) Motion:
. Relief from Judgment or Order (a) Clerical Mistakes.Clerical mistakes in judgments, orders or other parts of the record and errors therein arising fromoversight or omission may be corrected by the court at any time of its own initiative or on the motionof any party and after such notice, if any, as the court orders. During the pendency of an appeal, suchmistakes may be so corrected before the appeal is docketed in the appellate court, and thereafter