· 8/19/1999
Stephen P. Sugarbaker, M. D. v. Ssm Health Care, D/B/A St. Marys Health Center
Citations
- 187 F.3d 853
- 44 Fed. R. Serv. 3d 973
- 1999 U.S. App. LEXIS 19645
- 1999 WL 638487
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that whether a party’s delay was within its reasonable control is to be considered in assessing the reasons for the delay
- holding that while a party’s failure to adhere to a deadline was within its own control, the failure still fell within excusable neglect
- assuming that the district court implicitly gave hospital leave to file its motion out of time when it addressed the merits of hospital's fee request
- determining that the fourth factor is satisfied when there is no reason to doubt a party’s good faith
- noting that the trial court had allowed depositions of persons involved in the hospital's peer review process, where the reasonableness of that process, including claims of antitrust violations by the defendants, had been plausibly challenged by plaintiff
- finding excusable neglect when an attorney attempted to comply with a deadline but miscalculated it and filed the request one day late
Source: CourtListener parenthetical corpus (CC0).
Judges: Beam, Hansen, Kopf
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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