Holding that where the defendant discontinued a promised program ninth months after the plaintiff contracted, the discontinuation alone provided "literally no evidence of fraudulent intent" because the defendant "did in fact operate the ... program for a substantial period of time before terminating it"
Affirming the imposition of sanctions, but vacating the amount of monetary sanctions imposed and remanded for further evidence. The court noted that the plaintiff's attorney was a sole practitioner who had requested mitigation of sanctions in the district court and stated at oral argument that he had limited financial resources, but that the record was devoid of any evidence relevant to such an inquiry
Fed. R. Civ. P. 6 Cited 50,129 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."