§Why CasetextPricing

Dominique Osborne v. The Prudential Insurance Company of America

OPPOSITION re: APPLICATION for Order for ALLOWING RELIEF FROM LOCAL RULE 23-3S NINETY DAY CLASS CERTIFICATION DEADLINE OR TO ALLOW PLAINTIFFS RE-SUBMITTED MOTION FOR CLASS CERTIFICATION TO BE DEEMED FILED NUNC PRO TUNC 31

6 Cited authorities

  1. Lemoge v. U.S.

    587 F.3d 1188 (9th Cir. 2009)   Cited 688 times
    Holding that relief was appropriate under Rule 4(m) because plaintiffs would be time-barred from re-filing their action

  2. Pincay v. Andrews

    389 F.3d 853 (9th Cir. 2004)   Cited 542 times   1 Legal Analyses
    Holding that "[w]e must . . . affirm unless we are left with the definite and firm conviction that the lower court committed a clear error of judgment in the conclusion it reached after weighing the relevant [excusable neglect] factors"

  3. Mission Power Engineering Co. v. Continental Cas. Co.

    883 F. Supp. 488 (C.D. Cal. 1995)   Cited 210 times
    Holding that a party requesting ex parte relief must establish that its cause will be irreparably prejudiced if the underlying motion is heard according to regular noticed motion procedures, and that it is without fault in creating the crisis that requires ex parte relief, or that the crisis occurred as a result of excusable neglect

  4. Watson v. Schwarzenegger

    347 F. App'x 282 (9th Cir. 2009)   Cited 13 times
    Finding that the district court did not abuse its discretion in enforcing Local Rule 23-3

  5. Rule 6 - Computing and Extending Time; Time for Motion Papers

    Fed. R. Civ. P. 6   Cited 51,515 times   24 Legal Analyses
    Holding that "if the last day [of a period] is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."

  6. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 36,137 times   1252 Legal Analyses
    Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"