Walls

MEMORANDUM *

In appeal no. 99-35295, a group of longshoremen from the Port of Tacoma, Washington, appeal the district court’s dismissal, on motions to dismiss and for summary judgment, of their action alleging that the Pacific Maritime Association (PMA) and the International Longshore and Warehouse Union (ILWU) failed to operate a joint hiring hall in accordance with the provisions of the collective bargaining agreement. In appeal nos. 99-35576 and 99-35589, PMA and ILWU appeal the district court’s order granting the plaintiffs’ request for an extension of time to file their notice of appeal. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm.

*488 DISCUSSION

The district court did not abuse its discretion in determining that the plaintiffs demonstrated “excusable neglect” under Fed. R.App. P. 4(a)(5) for failing to file a timely notice of appeal. The court applied the appropriate test under Pioneer Inv. Servs. Co. v. Brunswick Assocs., Ltd., 507 U.S. 380, 395 , 113 S.Ct. 1489 , 123 L.Ed.2d 74 (1993), weighed the relevant factors (length of delay, reason for delay, prejudice to the non-movant, impact on judicial proceedings), and arrived at a conclusion that, while…