Legal Opinion

Phyllis G. Kyle v. Campbell Soup Company

Court of Appeals for the Ninth Circuit

Decided April 8, 1994No. 92-16826PublishedCited by 112 opinions

1Opinion of the Court

ALARCÓN, Circuit Judge:

Campbell Soup Company appeals from the district court’s order granting Phyllis Kyle an enlargement of time to file her motion for attorney’s fees and the subsequent award of $50,446.75 in fees. We reverse the order granting the enlargement of time and the award of attorney’s fees because the district court abused its discretion by finding that a mistake of law constitutes excusable neglect under Rule 6(b) of the Federal Rules of Civil Procedure.

I

Factual and Procedural Background

On November 16, 1987, Phyllis Kyle filed suit against Campbell Soup Company, her employer,…

2Cases cited13 opinions

  1. Pioneer Investment Services Co. v. Brunswick Associates Ltd. PartnershipSupreme Court of the United States · 1993
  2. Shihshu Walter Wei v. State of HawaiiCourt of Appeals for the Ninth Circuit · 1985
  3. Parke-Chapley Construction Company, an Illinois Corporation, Plaintiff v. Thomas F. CherringtonCourt of Appeals for the Seventh Circuit · 1989
  4. Davidson v. KeenanCourt of Appeals for the Second Circuit · 1984
  5. Dominic v. Hess Oil V.I. Corp.Court of Appeals for the Third Circuit · 1988

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3Cited by112 opinions

  1. Ahanchian v. Xenon Pictures, Inc.Court of Appeals for the Ninth Circuit · 2010
  2. Kenneth Bernard Rouse v. R.C. Lee, Warden, Central Prison, Raleigh, North CarolinaCourt of Appeals for the Fourth Circuit · 2003
  3. Jesus Briones v. Riviera Hotel & CasinoCourt of Appeals for the Ninth Circuit · 1997
  4. Laffit Pincay, Jr. Christopher J. McCarron v. Vincent S. Andrews Robert Andrews Vincent Andrews Management Corp.Court of Appeals for the Ninth Circuit · 2004
  5. Silivanch v. Celebrity Cruises, Inc.Court of Appeals for the Second Circuit · 2003

107 more not listed; retrieve them via the Exa API.

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