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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND DAWN BUNCH, Individually and as personal Representative of the Estate of LINDA FORD, v. LORILLARD TOBACCO COMPANY, et al. : : : : : : : : : ...o0o... MEMORANDUM Now pending before the court is the plaintiff's motion for relief from a final judgment filed pursuant to Federal Rule of Civil Procedure 60(b)(1). Previously, this court granted unopposed motions to dismiss for failure to state a claim filed by defendants Lorillard Tobacco Company, Lorillard Tobacco, Inc. (collectively "Lorillard"), and Barbara Bristow. Plaintiff Dawn Bunch, individually and as representative of the Estate of Linda Ford, now asks the court to reconsider its ruling and reinstate her lawsuit. For the following reasons, the motion will be denied.1 BACKGROUND In February 2009, Ms. Bunch filed suit in the Circuit Court for Washington County, Maryland against the defendants under theories of product liability, negligence, strict liability, and premises liability. Only negligence and premises liability were alleged against Ms. Bristow. The case was removed to this court in April 2009. The event giving rise to Ms. Bunch's allegations was a fire that occurred in the home of
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CIVIL NO. CCB-09-986

Ms. Bunch also filed a motion for leave to file a motion to remand conditioned on the court ruling in her favor on the Rule 60(b) motion. Because the court will deny Ms. Bunch's motion for relief from a final judgment, it will also deny her motion for leave to file a motion to remand. 1

Ms. Ford, who is Ms. Bunch's mother, and Ms. Bunch on February 20, 2006. The fire was allegedly ignited by a cigarette manufactured by Lorillard. As a result of the fire, Ms. Ford died and Ms. Bunch suffered severe injuries. In her complaint, Ms. Bunch alleged that Lorillard was liable for failing to manufacture a self-extinguishing cigarette and that Ms. Bristow was liable for failing to provide proper fire protection in the home she rented to Ms. Ford. Lorillard and Ms. Bristow filed motions to dismiss for failure to state a claim on April 17, 2009 and April 24, 2009, respectively. Ms. Bunch did not respond to either motion. On May 26, 2009, this court granted the defendants' motions to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) because they were "well supported under the applicable law." (May 26, 2009 Mem. at 1.) Three days later, on May 29, 2009, Ms. Bunch filed the present motion for reconsideration on the basis of excusable neglect on the part of her attorney, James Ferrell. Mr. Ferrell did not enter an appearance in this case until August 18, 2009, when he filed a motion to appear pro hac vice.2 Before that, Thomas Teodori was at all times Ms. Bunch's counsel of record. Apparently, Mr. Ferrell was always lead counsel in Ms. Bunch's action, but as a result of a family tragedy

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