Westhoff Vertriebsges mbH v. Berg

8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA WESTHOFF Case No. 22-cv-0938-BAS-SBC VERTRIESBGSGES MBH, a German limited liability ORDER GRANTING PLAINTIFF’S company, MOTION FOR MISCELLANEOUS RELIEF (ECF No. 75) 14 Plaintiff, 15 v. CHRISTOPHER BERG, an individual; BLUESKYE CREATIVE, INC., a California corporation; and DOES 1–10, inclusive; Defendants.

21 Before the Court is Plaintiff’s Motion for Miscellaneous Relief. (ECF No. 75.)

22 Plaintiff filed this motion on November 10, 2023, after realizing it had late-filed its Objection to the Sanctions Order (ECF No. 74) due to incorrectly calendaring the deadline.

24 Upon considering the Plaintiff’s ex parte application and the relevant four-factor test, the Court finds Plaintiff failed to timely act due to its counsel’s excusable neglect. See Fed. R. Civ. P. 6(b); Ahanchian v. Xenon Pictures, Inc., 624 F.3d 1253, 1261 (9th Cir. 2010) (enumerating a four-factor equitable test for determining excusable neglect); see also Pioneer Inv. Servs. Co. v. Brunswick Assocs. Ltd., 507 U.S. 380, 392 (1993) (“[I]t is clear || that ‘excusable neglect’ under Rule 6(b) is a somewhat ‘elastic concept’ and is not limited strictly to omissions caused by circumstances beyond the control of the movant.”’). Thus, ||the Court retroactively extends the time period for Plaintiff to file its objection to ||November 10, 2023 and will consider Plaintiff's objection to the sanctions order.

5 IT IS SO ORDERED.

6 A , || DATED: November 15, 2023 Lin A (Bashan. 6 g United States District Judge 4.