Laffit Pincay, Jr. Christopher J. McCarron v. Vincent S. Andrews Robert Andrews Vincent Andrews Management Corp.

KOZINSKI, Circuit Judge, with whom Judges RYMER and McKEOWN join,

dissenting:

We must never forget that it is “excusable neglect” we are expounding. Before Pioneer Investment Services Co. v. Brunswick Associates Ltd. Partnership, 507 U.S. 380, 113 S.Ct. 1489, 123 L.Ed.2d 74 (1993), four circuits had forgotten; they interpreted this phrase as “requiring a showing that the delay was caused by circumstances beyond the movant’s control.” Id. at 387 n. 3, 113 S.Ct. 1489. But how could circumstances beyond one’s control be neglect? A jurisprudence that refused to excuse anything one could fairly call…