United States Ninth Circuit

A district court has discretion to deny a Federal Rule of Appellate Procedure 4(a)(6) motion to reopen time to file an appeal even when the rule's enumerated requirements are met, but the court here abused its discretion in denying such a motion based on its finding that grounds for the underlying appeal were meritless.

Appellate Information

• Argued 12/04/2002
• Decided 01/21/2003
• Published 01/21/2003

Judges

• Before:  REINHARDT, O'SCANNLAIN and PAEZ, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Ernest Leff, Beverly Hills, CA, argued the cause and filed briefs in pro per.


• For Appellees:
  
• John Kralik, Los Angeles, CA, argued the cause for plaintiffs/appellees;  Dane L. Miller, Miller Tokuyama Kralik & Sur, filed a brief.