· 11/3/2010
Ahanchian v. Xenon Pictures, Inc.
Citations
- 624 F.3d 1253
- 2010 WL 4323429
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that “a calendaring 2 mistake caused by the failure to apply a clear local rule,” while an admittedly “weak 3 justification for . . . delay,” constituted excusable neglect
- concluding that 6 “a calendaring mistake caused by the failure to apply a clear local rule,” while an 7 admittedly “weak justification for . . . delay,” constituted excusable neglect
- concluding that the plaintiff should have been allowed to file an opposition 2 three days after the deadline where the belated filing was “due to a calendaring mistake and computer 3 problems”
- holding that district court abused its discretion for failing to cite or apply the equitable test under Pioneer–Briones and basing its decision solely on whether the reason for delay—the third Pioneer–Briones factor—could establish excusable neglect
- reasoning that the waiver rule “‘does not apply where the district court nevertheless addressed the merits of the issue’ not explicitly raised by the party”
- noting that requests for extensions should be granted in the absence of bad faith or 27 undue prejudice
Source: CourtListener parenthetical corpus (CC0).
Judges: Kleinfeld, Wardlaw, Callahan
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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