Lizarazo v. Miami-Dade Corrections and Rehabilitation Department

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The Eleventh Circuit reversed the district court's denial of plaintiff's Motion for Extension of Stay of Proceedings and Motion to Reopen Case and Substitute Plaintiff. The court held that the district court went straight to the "excusable neglect" analysis without considering whether its December 29 stay effectively extended the Federal Rule of Civil Procedure 25 period. Because it applied an incorrect legal standard, the district court abused its discretion. The court instructed that the district court, on remand, should consider whether its order allowing the case to be reopened if "a proper motion is made within 90 days hereof" had the effect of extending the Rule 25 deadline to March 29. If so, plaintiff's motions for an extension of the stay were both timely. If not, the district court must then turn to the question of whether plaintiff's delay was the result of "excusable neglect." View "Lizarazo v. Miami-Dade Corrections and Rehabilitation Department" on Justia Law