Moseley
Moseley v. Pasadena Unified School District
Opinion
lead Opinion
MEMORANDUM **
Clifford Ramiro Moseley (“Moseley”) appeals the district court’s denial of his *600 Rule 60(b) motion to vacate and set aside the court’s summary judgment in favor of the defendants. 1 We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review for abuse of discretion and reverse and remand.
“[T]he determination of whether neglect is excusable is an equitable one that depends on at least four factors: (1) the danger of prejudice to the opposing party; (2) the length of the delay and its potential impact on the proceedings; (3) the reason for the delay; and (4) whether the movant acted in good faith.” Laurino v. Syringa Gen. Hosp., 279 F.3d 750 , 753 (9th Cir. 2002) (quotation marks and citations omitted).
Moseley’s attorney, Gloria Dredd Haney (Haney), filed a motion for an extension of time to respond to the defendants’ summary judgment motion. In doing so, Haney mistakenly attached a proposed order to the motion in contravention of a local rule. The motion was not accepted for filing and returned to Haney. Upon becoming aware of this shortly before the hearing on the summary judgment motion, Haney attempted to renew her request for an extension orally, but it…