United States Ninth Circuit

Denial of plaintiff's motion to vacate a dismissal for lack of prosecution is reversed where it was an abuse of discretion because plaintiff's counsel was not given proper notice of a show cause hearing which he failed to attend, as he was notified only by email and the rules do not authorize service by email.

Appellate Information

• Argued 10/18/2007
• Decided 11/13/2007
• Published 11/13/2007

Judges

• PER CURIAM:, Before:  ALEX KOZINSKI, A. WALLACE TASHIMA and M. MARGARET McKEOWN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Stanley R. Raskin, Law Offices of Stanley R. Raskin, Torrance, CA, for the plaintiff-appellant.


• For Appellees:
  
• Ellen Greenstone and Glenn Rothner, Rothner, Segall & Greenstone, Pasadena, CA, for defendant-appellee IBEW Local 47.