District court properly denied equitable relief to plaintiff whose attorney filed a claim challenging a forfeiture one day late, since this error was the result of ordinary negligence rather than an extraordinary circumstance that would warrant relief. Plaintiff filed a claim challenging forfeiture of $99,500 one day late. This decision upholds the district court’s denial of relief. Plaintiff’s attorney waited until the day before expiration of the period for challenging the forfeiture and then Fed Ex-ed the claim. It didn’t arrive until two days later. An attorney’s waiting until near the deadline to send a claim or other pleading is not an extraordinary circumstance warranting relief from the time deadline but only ordinary negligence.
Ninth Circuit Court of Appeals (Tashima, J.); January 13, 2017; 2017 WL 127561