Tushner v. United States District Court For The Central District Of California

829 F.2d 853 9 Fed.R.Serv.3d 554 Irving S. TUSHNER and Union Financial Corporation, Petitioners, v. UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA, Respondents, and EMPIRE OF AMERICA, FSA, a Federal Savings Association, Real Party in Interest. No. 87-7247. United States Court of Appeals, Ninth Circuit. Submitted July 30, 1987 * . Decided Oct. 5, 1987. A. Barry Cappello, Santa Barbara, Cal., for petitioners. Marc Marmaro, Los Angeles, Cal., for real parties in interest. Appeal from the United States District Court for the Central District of California. Before BROWNING, KENNEDY and LEAVY, Circuit Judges. KENNEDY, Circuit Judge: 1 This case presents a novel question of time calculation under the Federal Rules of Civil Procedure. In calculating the ten-day period for filing a jury demand in a removed case, Fed.R.Civ.P. 81(c), the plaintiffs in the district court excluded intervening Saturdays, Sundays, and legal holidays. Such exclusions are permitted in calculating any period of less than eleven days, Fed.R.Civ.P. 6(a), and, the plaintiffs reasoned, this grace period necessarily applies to the ten-day jury demand requirement of Federal Rules of Civil Procedure…