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· 4/23/2024

Wenxin Xia v. Garth Rollbrook, LLC and Raymond Floyd

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • explaining that a situation not in control of the filer is when the messenger delivering the documents to the clerk’s office is hit by a truck
  • recognizing “that a lawyer’s failure to read an applicable rule is one of the least compelling excuses that can be offered”
  • stating that the “question is whether there [is] enough in the context of [the] case to bring a determination of excusable neglect within the ... court’s discretion”
  • stating that the “question is whether there [is] enough in the context of [the] case to bring a determination of excusable neglect within the ... court’s discretion”
  • holding that per se rules are not consistent with 10 In denying Ms. Gutierrez's motion for reconsideration, the bankruptcy court explicitly relied on Civil Rule 60(b). This was most likely due to the timing as it was well past the fourteen day deadline under Civil Rule 59(e
  • weighing Pioneer factors in untimely filing of notice of appeal under Federal Rule of Appellate Procedure 4(a)(1)(A)

Source: CourtListener parenthetical corpus (CC0).

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Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.