United States Ninth Circuit

Law firm for defendant failed to meet the "excusable neglect" requirement for a Federal Rule of Appellate Procedure rule 4(a)(5) motion for extension of time. Court finds ignorance of unambiguous rules compounded by delegation of knowledge of the rules to a nonlawyer.

Appellate Information

• Argued 06/24/2004
• Decided 12/10/2003
• Published 12/10/2003

Judges

• SCHROEDER, Chief Judge., Before SCHROEDER, Chief Judge, KOZINSKI, RYMER, KLEINFELD, THOMAS, SILVERMAN, McKEOWN, GOULD, BERZON, RAWLINSON, and CALLAHAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Neil Papiano and Patrick McAdam, Iverson, Yoakum, Papiano & Hatch, Los Angeles, CA, for plaintiffs-appellants.


• For Appellees:
  
• David Boies and Robert Silver, Boies, Schiller & Flexner, LLP, Armonk, NY, for defendants-appellees.