Keith Warkentin v. Federated Life Insurance

MEMORANDUM

These consolidated appeals concern a dispute over a disability income insurance policy that Federated Life Insurance Company issued to Keith Warkentin. We have jurisdiction under 28 U.S.C. § 1291 . We vacate the district court’s order granting summary judgment to Federated and remand for proceedings consistent with this disposition. -

After realizing he failed to timely oppose Federated’s motion for summary judgment, Warkentin filed an opposition and requested that the district court “continue the [summary judgment] hearing 14 days to allow [Federated] time to reply to [Warkentin’s] Opposition.” This request was filed the night before the hearing on the summary judgment motion.

Warkentin’s request is most naturally read as a motion to extend the time for filing an opposition pursuant to Federal Rule of Civil Procedure 6(b). Under this rule, when a motion to extend time is filed “after the time has expired,” the court may extend the time upon a showing of “good cause” and “excusable neglect.” Fed. R.Civ.P. 6(b)(1)(B). “To determine whether a party’s failure to meet a deadline constitutes ‘excusable neglect,’ courts must apply a four-factor equitable test, examining:…