Legal Opinion

Elpidio Oliva v. Louis W. Sullivan, Secretary

Court of Appeals for the Ninth Circuit

Decided March 3, 1992No. 89-15619PublishedCited by 295 opinions

1Opinion of the Court

T.G. NELSON, Circuit Judge:

Elpidio Oliva appeals the district court’s sua sponte dismissal of his action appealing the Secretary of Health and Human Services’ determination of his disability onset date. We reverse, although we do so with some reluctance in view of Oliva’s counsel’s dilatory conduct in this case.

Oliva filed this action in district court on October 7, 1986. On that date, the court issued a Procedural Order for Social Security Review Actions (“procedural order”), which required Oliva to file a motion for summary judgment within thirty days of service of the Secretary’s answer.…

2Cases cited10 opinions

  1. Ann J. Malone v. United States Postal Service, an Agency of the United StatesCourt of Appeals for the Ninth Circuit · 1987
  2. Alphonso Thompson v. The Housing Authority of the City of Los Angeles, a Public CorporationCourt of Appeals for the Ninth Circuit · 1986
  3. Harry Franklin v. Ms. Murphy and Hoyt CuppCourt of Appeals for the Ninth Circuit · 1984
  4. William Morris Jeanne Morris v. Morgan Stanley & Co. Randal LongfieldCourt of Appeals for the Ninth Circuit · 1991
  5. Debbie Floyd v. Larry Laws, and City of Sherwood, a Municipal CorporationCourt of Appeals for the Ninth Circuit · 1991

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3Cited by295 opinions

  1. In Re Phenylpropanolamine (Ppa) Products Liability Litigation, Shantell Allen, on Behalf of Allen, Vera v. Bayer Corporation, Leon Anderson, Jr. v. Bayer Corporation, Leslie Ackel v. Bayer Corporation, Bridgett Arrington v. Bayer Corporation, Calvin McGriggs v. Delaco Company, Betty Clinton v. Delaco Company, Donna Sasseen v. Ide Interstate Inc., Elizabeth Page v. Bayer Corporation, Marie Riley v. Wyeth, Obo Itself and Its Unincorporated Division, Wyeth Consumer Healthcare, Fka Whitehall-Robins Healthcare Formerly Known as American Home Products Corporation, and Keva K. Alford, on Behalf of All Wrongful Death Beneficiaries of Henry Dexter, and Eddie Bullock v. Wyeth, Obo Itself and Its Unincorporated Division, Wyeth Consumer Healthcare, Fka Whitehall-Robins Healthcare Formerly Known as American Home Products Corporation, and Novartis Pharmaceuticals Corporation, Bobby Holmes v. Bayer Corporation, Melody McDaniel v. Wal-Mart Stores, Inc., Samantha Samuels v. Bayer CorporationCourt of Appeals for the Ninth Circuit · 2006
  2. In Re William EISEN, Debtor. Richard MONEYMAKER, Appellant, v. Melvyn J. CoBEN, AppelleeCourt of Appeals for the Ninth Circuit · 1994
  3. Hernandez v. City of El MonteCourt of Appeals for the Ninth Circuit · 1998
  4. Bautista v. Los Angeles CountyCourt of Appeals for the Ninth Circuit · 2000
  5. Applied Underwriters, Inc. v. Larry LichteneggerCourt of Appeals for the Ninth Circuit · 2019

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