Robert L. Violette, an Individual v. P.A. Days, Inc. Ricart Properties, Inc.

OPINION

BOGGS, Chief Judge.

This case presents the court with a narrow legal question regarding the proper application of Rule 6(a) of the Federal Rules of Civil Procedure. Appellants are defendants in a consumer class action lawsuit in which the parties reached a preliminary settlement in December 2003. Appellants challenge the district court’s order granting plaintiffs’ motion to include in the list of those who excluded themselves from the class settlement two class members whose opt-out forms were postmarked on February 17, 2004, the first business day after the court-ordered deadline of…