Legal Opinion
Gordon Allen De Tie v. Orange County, Brad Gates, as a Police Officer & Sheriff of County of Orange & as an Individual
Court of Appeals for the Ninth Circuit
Decided August 11, 1998No. 97-55036PublishedCited by 48 opinions
1Opinion of the Court
CANBY, Senior Circuit Judge:
Plaintiff Gordon De Tie’s action against Orange County, California, was dismissed pursuant to Fed.R.Civ.P. 4(m) because he failed to serve his complaint upon the County within 120 days after filing it. He contends that the 120-day period was tolled by the automatic stay attending Orange County’s bankruptcy, and that his delay was further excused by the fact that the district court had removed his case from its active caseload because of the bankruptcy. We conclude that both of De Tie’s contentions are correct, and we accordingly reverse the dismissal of his action.
B…
2Cases cited4 opinions
- Hiram Ash v. Eugene CvetkovCourt of Appeals for the Ninth Circuit · 1984
- WMX Technologies, Inc. v. MillerCourt of Appeals for the Ninth Circuit · 1997
- Shihshu Walter Wei v. State of HawaiiCourt of Appeals for the Ninth Circuit · 1985
- United States v. Wallace & Tiernan Co.Supreme Court of the United States · 1949
3Cited by48 opinions
- Ciralsky v. Central Intelligence AgencyCourt of Appeals for the D.C. Circuit · 2004
- Applied Underwriters, Inc. v. Larry LichteneggerCourt of Appeals for the Ninth Circuit · 2019
- Don Laub Debbie Jacobsen Ted Sheely California Farm Bureau Federation v. United States Department of the Interior Gale A. Norton, Secretary, Department of the Interior United States Environmental Protection Agency Marianne Horinko, in Her Official Capacity as Acting Administrator of the U.S. Epa Department of the Army, (Civil Works) Joseph W. Westphal, Dr., in His Official Capacity as Assistant Secretary of the Army (Civil Works) Donald Evans, in His Official Capacity as Secretary, U.S. Department of Commerce United States Department of Commerce U.S. Department of Agriculture Ann M. Veneman, in Her Official Capacity as Secretary, U.S. Department of Agriculture U.S. Army Corps of Engineers Peter T. Madsen, Brigadier General, in His Official Capacity as Commander, South Pacific Division, U.S. Army Corps of Engineers Natural Resources Conservation Service Charles Bell, in His Capacity as California State Conservationist, U.S. Department of Agriculture, Natural Resources Conservation Service National Marine Fisheries Service Rebecca Lent, Dr., Regional Administrator, National Marine Fisheries Service U.S. Fish & Wildlife Service Stephen Thompson, in His Official Capacity as Manager of California-Nevada Operations of the U.S. Fish & Wildlife Service United States Bureau of Reclamation Kirk C. Rodgers, in His Official Capacity as Director, Mid-Pacific Region of the U.S. Bureau of Reclamation Gray Davis, Governor of the State of California California Resources Agency Mary D. Nichols, in Her Official Capacity as Secretary of the California Resources Agency California Environmental Protection Agency Winston Hickox, in His Official Capacity as Secretary of the California Environmental Protection AgencyCourt of Appeals for the Ninth Circuit · 2003
- Zapata v. City of New YorkCourt of Appeals for the Second Circuit · 2007
- Roderick Courtney Mann v. American AirlinesCourt of Appeals for the Ninth Circuit · 2003
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