Wystrach

MEMORANDUM **

Plaintiffs Michael and Grace Wystrach appeal the district court’s order (1) denying plaintiffs’ motion to enlarge their time to respond to defendants’ motion to dismiss and (2) summarily granting defendants’ motion to dismiss, because plaintiffs failed timely to respond. We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

A. Plaintiffs’ Motion to Enlarge Their Time to Respond

Federal Rule of Civil Procedure 6(b) authorizes a court to permit upon motion the late filing of a response to a motion where the failure timely to file was the result of “excusable neglect.” This court reviews the district court’s denial of a motion to enlarge time for abuse of discretion, Pincay v. Andrews, 389 F.3d 853, 858 (9th Cir.2004), and the “determination of excusable neglect is left to the sound discretion of the district court.” Rodgers v. Watt, 722 F.2d 456, 460 (9th Cir.1983).

The district court did not abuse its discretion in applying the factors to be considered in determining excusable neglect. See Pioneer Inv. Servs. Co. v. Brunswick Assocs. Ltd. P’ship, 507 U.S. 380, 395 , 113 S.Ct. 1489 , 123 L.Ed.2d 74 (1993). The district court found the length of delay in…