Taybron

MEMORANDUM ***

John Taylor appeals the denial of his motion to reconsider 1 an order preventing him from filing an untimely claim for attorney’s fees and costs. 2 We review for abuse of discretion. 3 Because a reasonable exercise of discretion requires that Taylor’s underlying motion be granted, we reverse.

Taylor represented the plaintiffs in a discrimination case, but was replaced by other counsel. Two years later, judgment was entered in the case based on an accepted Offer of Judgment. The defendants agreed to pay plaintiffs’ attorney’s fees and costs, and Taylor wanted his share. However, he did not file a claim within the allotted 14 day period following entry of judgment. 4 Taylor thus filed a motion to allow an untimely claim on the ground that he had not known judgment entered until after the applicable deadline.

Courts should allow late filings caused by “excusable neglect.” 6 Pioneer Investment Services Co. v. Brunswick Associates Limited Partnership 7 instructs that “excusable neglect” is “a somewhat elastic concept” 8 and “is at bottom an equitable [determination], taking account of all the relevant circumstances.” 9 As we explained in Pincay v. Andrews, 10 we…

dissenting:

I would affirm for the reasons given by the district court.