Tuesday, December 22, 2009

Miscalculation of Deadline Due to Intervening Holiday Does Not Excuse Late Filing

Defendants' motion for attorneys' fees under Section 285 was stricken as untimely because defendants filed the motion one day late and failed to establish excusable neglect for their delay. "Defendants argue that their delay was due to a miscalculation given the intervening Thanksgiving holiday and the fact that the Court's Order did not state that the dismissal was 'with prejudice' . . . Defendants' miscalculation does not constitute excusable neglect. Furthermore, to the extent that Defendants were unclear about whether the Court's Order dismissing the case for lack of subject matter jurisdiction constituted a dismissal with prejudice, Defendants could have moved for clarification."

Juniper Networks, Inc. v. Graphon Corp. et al., 1-09-cv-00287 (VAED December 18, 2009, Order) (Lee, J.)

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