Tipton v. Internet Entertainment Group, Inc.
Tipton v. Internet Entertainment Group, Inc.
Opinion of the Court
MEMORANDUM
Ken Tipton appeals the district court’s order denying his motion for an extension
The district court did not abuse its discretion by determining that Tipton’s attorney’s mistaken belief that the time period for appeal begins to run upon notice of entry of judgment rather than upon entry of judgment does not constitute excusable neglect. See Kyle v. Campbell Soup Co., 28 F.3d 928, 931 (9th Cir. 1994).
Contrary to Tipton’s contention, the district court did not abuse its discretion by refusing to consider other factors, as outlined in Pioneer Inv. Servs. Co. v. Brunswick Assocs. Ltd. P’ship, 507 U.S. 380, 392, 113 S.Ct. 1489, 123 L.Ed.2d 74 (1993). See Kyle, 28 F.3d at 931 (recognizing that although Pioneer interprets excusable neglect as a “flexible, equitable concept,” an attorney’s misinterpretation of a clear and unambiguous federal rule generally does not constitute excusable neglect).
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.