v. Chavez et al
Filing
28
Order granting 23 Petitioner's Ex Parte Application for Leave to File Late Notice of Appeal. Signed by Judge Edward M. Chen on 8/28/2012. (emclc1, COURT STAFF) (Filed on 8/28/2012)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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HUMBERTO CHAVEZ,
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Petitioner,
v.
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For the Northern District of California
United States District Court
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GREG LEWIS,
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Respondent.
___________________________________/
No. C-11-0376 EMC
ORDER GRANTING PETITIONER’S
EX PARTE APPLICATION FOR LEAVE
TO FILE LATE NOTICE OF APPEAL
(Docket No. 23)
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Petitioner Humberto Chavez has filed an ex parte application, asking for leave to file a late
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notice of appeal. Respondent Greg Lewis has opposed the application. Having considered the four
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factors established by the Supreme Court in Pioneer Investment Services Co. v. Brunswick
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Associates Limited Partnership, 507 U.S. 380 (1993), the Court GRANTS Petitioner’s application.
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The Pioneer factors largely weigh in favor of Petitioner. Even if the reason for the delay was
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somewhat within the control of Petitioner, the Ninth Circuit has expressly rejected the contention
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that a party’s “neglect cannot be excused because it was caused by circumstances within [his or her]
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control.” Mendez v. Knowles, 556 F.3d 757, 765 (9th Cir. 2009).
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Dated: August 28, 2012
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_________________________
EDWARD M. CHEN
United States District Judge
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