Ebalo

Ebalo v. Potter

Good Law
84 F. App'x 897
United States Court of Appeals for the Ninth CircuitDecember 19, 2003No. 02-16809California239 words

Opinion

Lead Opinion

MEMORANDUM **

Lord Ebalo (“Ebalo”) appeals the denial of his Rule 60(b) motion for relief from judgment following dismissal of his Title VII employment discrimination claim, arguing that the district court abused its discretion by failing to do a full legal analysis of his “excusable neglect” claim under Pioneer v. Brunswick, 507 U.S. 380 , 113 S.Ct. 1489 , 123 L.Ed.2d 74 (1993). Ebalo’s argument hinges on the claim that his attorney did not fully understand the enforceable nature of an order setting an initial case management conference, and that therefore, the attorney’s failure to attend the conference should be excused.

We will not ordinarily reverse for the failure to conduct a full-blown Pioneer analysis, especially where the claimed neglect is “misconstruction of a nonambiguous rule.” See Bateman v. United States Postal Service, 231 F.3d 1220, 1220, 1224 (9th Cir.2000); Committee for Idaho’s High Desert v. Yost, 92 F.3d 814 , 825 (9th Cir.1996).

Ebalo’s claim is, essentially, that his attorney made a mistake with regard to the law governing procedures in the federal court for the Northern District of California. Because such an excuse cannot constitute “excusable…

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