Uche-Uwakwe

MEMORANDUM **

Maureen Uche-Uwakwe (“Uche-Uwakwe”) appeals the district court’s denial of her Rule 60(b) motion to vacate and set aside the court’s summary judgment in favor of defendant, the Secretary of Veterans Affairs (“Secretar"). We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review for abuse of discretion and reverse and remand.

The district court abused its discretion in concluding that Uche-Uwakwe’s failure to timely file an opposition to the Secretary’s motion for summary judgment was not excusable neglect, and thus erred in granting summary judgment based solely on the moving papers. Determining whether neglect is excusable requires a court to balance “the danger or prejudice to the [other party], the length of the delay and its potential impact on judicial proceedings, the reason for the delay, ... and whether the movant acted in good faith.” Briones v. Riviera Hotel & Casino, 116 F.3d 379, 381 (9th Cir.1997) (quoting Pio *138 neer Inv. Servs. Co. v. Brunswick Assocs. Ltd. P’ship, 507 U.S. 380, 395 , 113 S.Ct. 1489 , 123 L.Ed.2d 74 (1993)).

Each Briones/Pioneer factor favors Uche-Uwakwe. Having already filed his reply to Uche-Uwakwe’s opposition, 1 the…