AMIR CYRUS AHANCHIAN, an individual, Plaintiff-Appellant, v. XENON PICTURES, INC., a Delaware corporation; CKRUSH, INC., a Delaware corporation; SAM MACCARONE, an individual; PRESTON LACY, an individual, Defendants-Appellees.AMIR CYRUS AHANCHIAN, an individual, Plaintiff-Appellant, v. XENON PICTURES, INC., a California corporation; CKRUSH INC., a Delaware corporation; SAM MACCARONE, an individual; PRESTON LACY, an individual, Defendants-Appellees., 624 F.3d 1253

Summary

The author argued that the district court abused its discretion first in denying his request for a one-week extension of time to file his opposition to the summary judgment motion and then in denying his application to file that opposition late. The appellate court found that the author clearly demonstrated the "good cause" required by Fed. R. Civ. P. 6, since he faced an exceptionally constrained deadline that resulted from the peculiar dictates of the local rules, and compounding that problem, the deadline followed immediately upon Labor Day weekend. Moreover, there was no reason to believe that the author was acting in bad faith or was misrepresenting his reasons for asking for the extension, or that an extension of time would prejudice the film, the director, the writer, the distributor, and the producer. The district court abused its discretion in denying the author's motion to allow a three-day late-filed opposition, construed as a Fed. R. Civ. P. 60(b), motion because it failed ...