Is illness of counsel which results in failure to comply with the local rules, a basis for relief as inadvertence or excusable neglect under Federal Rule of Civil Procedure 60(b)(1)?

QUESTION PRESENTED This case presents two questions: 1. Is illness of counsel which results in failure to comply with the local rules, a basis for relief as inadvertence or excusable neglect under Federal Rule of Civil Procedure 60(b)(1)? [5-1 circuit split] 2. Viewing the evidence in the light most favorable to the non-movant, should the district court’s summary judgment order be vacated when the evidence raises a genuine dispute in fact under Texas Law? i LIST OF DIRECTLY