· 12/7/2009
Lemoge v. United States
Citations
- 587 F.3d 1188
- 75 Fed. R. Serv. 3d 407
- 2009 U.S. App. LEXIS 26572
- 2009 WL 4546727
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that relief was appropriate under Rule 4(m) because plaintiffs would be time-barred from re- filing their action
- holding that plaintiff had established excusable neglect for the 23 purposes of Rule 4(m) via the Pioneer-Briones test
- stating that a discretionary extension of Rule 4(m) deadlines was appropriate for plaintiffs who would be time-barred from refiling their action
- setting forth standard of review and discussing factors for excusable neglect under Fed. R. Civ. P. 60(b)(1)
- finding no bad 24 faith where “errors resulted from negligence and carelessness, not from deviousness or 25 willfulness.”
- describing plaintiffs’ inability to refile because the statute of limitations had run as “the ultimate prejudice of being forever barred from pursuing their claims”
Source: CourtListener parenthetical corpus (CC0).
Judges: Pregerson, Gould, Bright
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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