In Re Vitamins Antitrust Class Actions, 327 F.3d 1207 (D.C. Cir. 2003). · Go Syfert
In Re Vitamins Antitrust Class Actions, 327 F.3d 1207 (D.C. Cir. 2003). Cases Citing This Book View Copy Cite
98 citation events (98 in the last 25 years) across 10 distinct courts.
Strongest positive: Bolanos-Reynoso v. Vilsack (dcd, 2024-10-18)
Treatment trajectory · 2003 → 2026 · click a year to view as-of
2003 2014 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (rule) Bolanos-Reynoso v. Vilsack
D.D.C. · 2024 · confidence medium
The Supreme Court has set forth four nonexhaustive factors to guide courts in this inquiry: (1) “the danger of prejudice to the party opposing the modification,” (2) “the length of delay and its potential 2 impact on judicial proceedings,” (3) “the reason for the delay, including whether it was within the reasonable control of the movant,” and (4) “whether the movant acted in good faith.” In re Vitamins Antitrust Class Actions, 327 F.3d 1207, 1209 (D.C.
discussed Cited as authority (rule) Basily v. Bunch
D.D.C. · 2024 · confidence medium
The Supreme Court has set out four factors for evaluating whether a movant has demonstrated excusable neglect: “(1) the danger of prejudice to the party opposing the modification, (2) the 4 length of delay and its potential impact on judicial proceedings, (3) the reason for the delay, including whether it was within the reasonable control of the movant, and (4) whether the movant acted in good faith.” In re Vitamins Antitrust Class Actions, 327 F.3d 1207, 1209 (D.C.
discussed Cited as authority (rule) Andresen v. Intepros Federal, Inc
D.D.C. · 2024 · confidence medium
“Four factors guide the Court’s determination of when a late filing may constitute ‘excusable neglect’: ‘(1) the danger of prejudice to the [opposing party], (2) the length of delay and its potential impact on judicial proceedings, (3) the reason for the delay, including whether it was within the reasonable control of the movant, and (4) whether the movant acted in good faith.’” Miley v. Hard Rock Hotel & Casino Punta Cana, 537 F. Supp. 3d 1 , 4-5 (D.D.C. 2021) (quoting In re Vitamins Antitrust Class Actions, 327 F.3d 1207, 1209 (D.C.
discussed Cited as authority (rule) ROOFER'S PENSION FUND v. PAPA
D.N.J. · 2024 · confidence medium
“Where those equitable powers are exercised in the form of case management decisions in a complex class action, [a] ‘district court[’s] discretion is at its greatest.’” Brokerage, 374 F. App'x at 266 (quoting In re Vitamins Antitrust Class Actions, 327 F.3d 1207, 1210 (D.C.
discussed Cited as authority (rule) Woods v. District of Columbia
D.D.C. · 2022 · confidence medium
“Four factors guide the Court’s determination of when a late filing may constitute ‘excusable neglect:’ ‘(1) the danger of prejudice to the opposing party, (2) the length of delay and its potential impact on judicial proceedings, (3) the reason for the delay, including whether it was within the reasonable control of the movant, and (4) whether the movant acted in good faith.’” 5 Miley v. Hard Rock Hotel & Casino Punta Cana, 537 F. Supp. 3d 1 , 4 (D.D.C. 2021) (cleaned up) (quoting In re Vitamins Antitrust Class Actions, 327 F.3d 1207, 1209 (D.C.
discussed Cited as authority (rule) Woods v. District of Columbia
D.D.C. · 2022 · confidence medium
“Four factors guide the Court’s determination of when a late filing may constitute ‘excusable neglect:’ ‘(1) the danger of prejudice to the opposing party, (2) the length of delay and its potential impact on judicial proceedings, (3) the reason for the delay, including whether it was within the reasonable control of the movant, and (4) whether the movant acted in good faith.’” Miley v. Hard Rock Hotel & Casino Punta Cana, 537 F. Supp. 1, 4 (D.D.C. 2021) (cleaned up) (quoting In re Vitamins Antitrust Class Actions, 327 F.3d 1207, 1209 (D.C.
cited Cited as authority (rule) Doe 1 v. American Federation of Government Employees
D.D.C. · 2021 · confidence medium
Dentistry, 263 F. Supp. 3d 121, 132 (D.D.C. 2017) (quoting In re Vitamins Antitrust Class Actions, 327 F.3d 1207, 1209 (D.C.
discussed Cited as authority (rule) Ross Miley v. Hard Rock Hotel and Casino Punta Cana
D.D.C. · 2021 · confidence medium
Four factors guide the Court’s determination of when a late filing may constitute “excusable neglect”: “(1) the danger of prejudice to the [opposing party], (2) the length of delay and its potential impact on judicial proceedings, (3) the reason for the delay, including whether it was within the reasonable control of the movant, and (4) whether the movant acted in good faith.” In re Vitamins Antitrust Class Actions, 327 F.3d 1207, 1209 (D.C.
cited Cited as authority (rule) Fox, Yvonne v. Iowa Health System
W.D. Wis. · 2021 · confidence medium
In re Vitamins Antitrust Class Actions, 327 F.3d 1207, 1209 (D.C.
discussed Cited as authority (rule) American Council of the Blind v. Steven Mnuchin
D.C. Cir. · 2020 · confidence medium
Under this standard, we reverse “if the district court applied the wrong legal standard or relied on clearly erroneous findings of fact.” In re Vitamins Antitrust Class Actions, 327 F.3d 1207, 1209 (D.C.
discussed Cited as authority (rule) Stephenson v. Chao
D.D.C. · 2020 · confidence medium
Rule 60(b)(1) allows for relief due to “mistake, inadvertence, surprise, or excusable neglect.” 3 The Supreme Court has articulated four factors for courts to consider when determining whether neglect is excusable: “(1) the danger of prejudice to the party opposing the modification, (2) the length of delay and its potential impact on judicial proceedings, (3) the reason for the delay, including whether it was within the reasonable control of the movant, and (4) whether the movant acted in good faith.” In re Vitamins Antitrust Class Actions, 327 F.3d 1207, 1209 (D.C.
discussed Cited as authority (rule) Whiteru v. Washington Metropolitan Area Transit Authority
D.D.C. · 2018 · confidence medium
Moreover, the Circuit has explicitly declined “to adopt a per se rule that garden variety attorney inattention can never constitute excusable neglect.” In re Vitamins Antitrust Class Actions, 327 F.3d 1207, 1209 (D.C.
discussed Cited as authority (rule) Craft v. Health Care Service Corporation
N.D. Ill. · 2018 · confidence medium
In re Vitamins Antitrust Class Actions, 327 F.3d 1207, 1209 (D.C.
discussed Cited as authority (rule) United States v. Sum of $70,990,605
D.D.C. · 2018 · confidence medium
Jan. 30, 2018) (Courts must consider “(1) the danger of prejudice to the party opposing the modification, (2) the length of delay and its potential impact on judicial proceedings, (3) the reason for the delay, including whether it was within the reasonable control of the movant, and (4) whether the movant acted in good faith.” (quoting In re Vitamins Antitrust Class Actions, 327 F.3d 1207, 1209 (D.C.
discussed Cited as authority (rule) Sakyi v. Estee Lauder Companies, Inc.
D.D.C. · 2018 · confidence medium
Apr. 20, 2007) (“The Pioneer Court ‘purposely fashioned a flexible rule which, by its nature, counsels against the imposition of a per se rule on attorney neglect.’”) (quoting In re Vitamins Antitrust Class Actions, 327 F.3d 1207, 1209 (D.C.
discussed Cited as authority (rule) Matthews v. Federal Bureau of Investigation
D.D.C. · 2018 · confidence medium
Those factors are “(1) the danger of prejudice to the party opposing the modification, (2) the length of delay and its potential impact on judicial proceedings, (3) the reason for the delay, including whether it was within the reasonable control of the movant, and (4) whether the movant acted in good faith.” In re Vitamins Antitrust Class Actions, 327 F.3d 1207, 1209 (D.C.
discussed Cited as authority (rule) King v. United States Department of Justice
D.D.C. · 2017 · confidence medium
Although not subject to precise definition, courts are required to weigh several factors “when determining what kind of neglect will be considered ‘excusable.’” In re Vitamins Antitrust Class Actions, 327 F.3d 1207, 1209 (D.C.
discussed Cited as authority (rule) Arora v. Buckhead Family Dentistry, Inc.
D.D.C. · 2017 · confidence medium
In deciding whether an omission is “excusable,” the Court must consider a range of factors, including “(1) the danger of prejudice to the party opposing the modification, (2) the length of delay and its potential impact on judicial proceedings, (3) the reason for the delay, including whether it was within the reasonable control of the movant, and (4) whether the movant acted in good faith.” In re Vitamins Antitrust Class Actions, 327 F.3d 1207, 1209 (D.C.
discussed Cited as authority (rule) Abella Owners' Association v. MI Windows & Doors, Inc.
4th Cir. · 2017 · signal: cf. · confidence medium
Cf. In re Vitamins Antitrust Class Actions, 327 F.3d 1207, 1209 (D.C.
discussed Cited as authority (rule) Seacor Holdings, Inc. v. Mason
5th Cir. · 2016 · signal: cf. · confidence medium
Partnerships Litig., 147 F.3d 132, 135 (2d Cir.1998) (similar); cf. In re Vitamins Antitrust Class Actions, 327 F.3d 1207, 1208-10 (D.C.Cir.2003) (reviewing for an abuse of discretion the district court’s decision to allow an untimely opt out); Silber v. Mabon, 18 F.3d 1449, 1453 (9th Cir.1994) (reviewing the denial of a motion to opt out for an abuse of discretion).
discussed Cited as authority (rule) Iskandar v. Embassy of the State of Kuwait
D.D.C. · 2016 · confidence medium
These factors are: “(1) the danger of prejudice to the [opposing party], (2) the length of delay and its potential impact on judicial proceedings, (3) the reason for the delay, including whether it was within the reasonable control of the movant, and (4) whether the movant acted in good faith.” In re Vitamins Antitrust Class Actions, 327 F.3d 1207, 1209 (D.C.
discussed Cited as authority (rule) Riley v. Bmo Harris Bank, N.A.
D.D.C. · 2015 · confidence medium
These factors are: “(1) the danger of prejudice to the [opposing party], (2) the length of delay , and its 'potential impact on judicial proceedings, (3) the reason for the delay, including whether it was within the reasonable control of the movant, and (4) whether the movant acted in good faith.” In re Vitamins Antitrust Class Actions, 327 F.3d 1207, 1209 (D.C.Cir.2003) (citing Pioneer, 507 U.S. at 395 , 113 S.Ct.1489).
discussed Cited as authority (rule) Smith v. Ergo Solutions, LLC
D.D.C. · 2015 · confidence medium
"Although inadvertence, ignorance of the rules, or mistakes construing the rules do not usually constitute excusable neglect, it is clear that excusable neglect is a somewhat elastic concept and is not limited strictly to omissions caused by circumstances beyond the control of the mov-ant.” In re Vitamins Antitrust Class Actions, 327 F.3d 1207, 1209-10 (D.C.Cir.2003) (internal quotation marks, citation, and alteration omitted).
discussed Cited as authority (rule) Robinson v. Ergo Solutions, LLC
D.D.C. · 2015 · confidence medium
"Although inadvertence, ignorance of the rules, or mistakes construing the rules do not usually constitute excusable neglect, it is clear that excusable neglect is a somewhat elastic concept and is not limited strictly to omissions caused by circumstances beyond the control of the movant.” In re Vitamins Antitrust Class Actions, 327 F.3d 1207, 1209-10 (D.C.Cir.2003) (internal quotation marks, citation, and alteration omitted).
discussed Cited as authority (rule) Sts Energy Partners Lp v. Federal Energy Regulatory Commission
D.D.C. · 2015 · confidence medium
And when STS Energy asked for reconsideration of that decision, this Court denied the company’s motion, finding that “[t]he four factors for excusable neglect weigh in favor of permitting the [government’s single-day] extension.” Sept. 29, 2014 Minute Order (citing In re Vitamins Antitrust Class Actions, 327 F.3d 1207, 1209 (D.C.Cir.2003))..
discussed Cited as authority (rule) Cohen v. Board of Trustees of the University of the District of Columbia
D.D.C. · 2014 · confidence medium
Circuit has declined to adopt a per se rule “that garden variety attorney inattention can never constitute excusable neglect,” In re Vitamins Antitrust Class Actions, 327 F.3d 1207, 1209 (D.C.Cir.2003), but neither is it the case that a strong showing that the reason for delay is especially inexcusable can never outweigh the other three Pioneer factors. 5 Excusable neglect remains an “elastic concept.” Pioneer, 507 U.S. at 392 , 113 S.Ct. 1489 .
discussed Cited as authority (rule) Austin Investment Fund, LLC v. United States
D.D.C. · 2014 · confidence medium
These factors are: “(1) the danger of prejudice to the [opposing party], (2) the length of delay and its potential impact on judicial proceedings, (3) the reason for the delay, including whether it was within the reasonable control of the movant, and (4) whether the movant acted in good faith.” In re Vitamins Antitrust Class Actions, 327 F.3d 1207, 1209 (D.C.Cir.2003) (citing Pioneer, 507 U.S. at 395 , 113 S.Ct. 1489 ).
examined Cited as authority (rule) Barnes v. District of Columbia (3×) also: Cited "see"
D.D.C. · 2014 · confidence medium
In re Vitamins Antitrust Class Actions, 327 F.3d 1207, 1209 (D.C.Cir.2003).
discussed Cited as authority (rule) Jarvis v. Parker (2×) also: Cited "see, e.g."
D.C. Cir. · 2014 · confidence medium
These factors are: “(1) the danger of prejudice to the [opposing party], (2) the length of delay and its potential impact on judicial proceedings, (3) the reason for the delay, including whether it was within the reasonable control of the movant, and (4) whether the movant acted in good faith.” In re Vitamins Antitrust Class Actions, 327 F.3d 1207, 1209 (D.C.
discussed Cited as authority (rule) Jarvis v. Parker (2×) also: Cited "see, e.g."
D.D.C. · 2014 · confidence medium
These factors are: “(1) the danger of prejudice to the [opposing party], (2) the length of delay and its potential impact on judicial proceedings, (3) the reason for the delay, including whether it was within the reasonable control of the movant, and (4) whether the movant acted in good faith.” In re Vitamins Antitrust Class Actions, 327 F.3d 1207, 1209 (D.C.
discussed Cited as authority (rule) Gerlich v. United States Department of Justice
D.C. Cir. · 2013 · confidence medium
Co., 62 F.3d 1469, 1475 (D.C.Cir.1995), as we do the denial of the motion for class certification, see Garcia v. Johanns, 444 F.3d 625, 631 (D.C.Cir.2006); In re Vitamins Antitrust Class Actions, 327 F.3d 1207, 1209 (D.C.Cir.2003).
cited Cited as authority (rule) Cobell v. Salazar
D.C. Cir. · 2012 · confidence medium
P. 52; In re Vitamins Antitrust Class Actions, 327 F.3d 1207, 1209 (D.C.Cir.2003).
discussed Cited as authority (rule) Arias v. DynCorp
D.D.C. · 2012 · confidence medium
Further, “[i]t is well established that district courts enjoy broad discretion when deciding [matters of] case management.]” Florida v. United States, 820 F.Supp.2d 85 , 89 (D.D.C.2011) (citing In re Vitamins Antitrust Class Actions, 327 F.3d 1207, 1210 (D.C.Cir.2003)); accord Mica Saints Jean v. D.C.
discussed Cited as authority (rule) Florida v. United States
D.D.C. · 2011 · confidence medium
LEGAL STANDARD It is well established that district courts enjoy broad discretion when deciding case management and scheduling matters, see, e.g., In re Vitamins Antitrust Class Actions, 327 F.3d 1207, 1210 (D.C.Cir.2003); McSheffrey v. Exec.
discussed Cited as authority (rule) Florida v. United States
D.D.C. · 2011 · confidence medium
LEGAL STANDARD It is well established that district courts enjoy broad discretion when deciding case management and scheduling matters, see, e.g., In re Vitamins Antitrust Class Actions, 327 F.3d 1207, 1210 (D.C.Cir.2003); McSheffrey v. Exec.
discussed Cited as authority (rule) State of Florida v. United States of America
D.D.C. · 2011 · confidence medium
LEGAL STANDARD It is well established that district courts enjoy broad discretion when deciding case management and scheduling matters, see, e.g., In re Vitamins Antitrust Class Actions, 327 F.3d 1207, 1210 (D.C.
discussed Cited as authority (rule) In re Insurance Brokerage Antitrust Litigation
3rd Cir. · 2010 · confidence medium
Where those equitable powers are exercised in the form of case management decisions in a complex class action, “district court discretion is at its greatest.” In re Vitamins Antitrust Class Actions, 327 F.3d 1207, 1210 (D.C.Cir.2003).
discussed Cited as authority (rule) In re Insurance Brokerage Antitrust Litigation
3rd Cir. · 2010 · confidence medium
Where those equitable powers are exercised in the form of case management decisions in a complex class action, “district court discretion is at its greatest.” In re Vitamins Antitrust Class Actions, 327 F.3d 1207, 1210 (D.C.Cir.2003).
discussed Cited as authority (rule) McDOWELL-BONNER v. District of Columbia
D.D.C. · 2009 · confidence medium
Although the United States Court of Appeals for the District of Columbia Circuit has declined to adopt a per se rule, it is nonetheless the case that “ ‘inadvertence, ignorance of the rules, or mistakes construing the rules do not usually constitute “excusable” neglect.’ ” In re Vitamins Antitrust Class Actions, 327 F.3d 1207, 1209-10 (D.C.Cir.2003) (quoting Pioneer Inv.
discussed Cited as authority (rule) McDowell Bonner v. District of Columbia
D.D.C. · 2009 · confidence medium
Although the United States Court of Appeals for the District of Columbia Circuit has declined to adopt a per se rule, it is nonetheless the case that “‘inadvertence, ignorance of the rules, or mistakes construing the rules do not usually constitute “excusable” neglect.’” In re Vitamins Antitrust Class Actions, -2- 327 F.3d 1207, 1209-10 (D.C.
cited Cited as authority (rule) Augst-Johnson v. Morgan Stanley & Co.
D.D.C. · 2008 · confidence medium
In re Vitamins Antitrust Class Actions, 327 F.3d 1207, 1209-10 (D.C.Cir.2003).
examined Cited as authority (rule) Institute for Policy Studies v. United States Central Intelligence Agency (3×)
D.D.C. · 2007 · confidence medium
These factors include: “(1) the danger of prejudice to the [opposing party], (2) the length of delay and its potential impact on judicial proceedings, (3) the reason for the delay, including whether it was within the reasonable control of the movant, and (4) whether the movant acted in good faith.” In re Vitamins Antitrust Class Actions, 327 F.3d 1207, 1209 (D.C.Cir.2003) (citing Pioneer, 507 U.S. at 395 , 113 S.Ct. 1489 ).
discussed Cited as authority (rule) Howard v. Gutierrez
D.D.C. · 2007 · confidence medium
Although plaintiffs stated at the motions hearing that their delay was “a mistake”— a reason that does not usually constitute excusable neglect, see In re Vitamins Antitrust Class Actions, 327 F.3d 1207, 1210 (D.C.Cir.2003) (“[I]nadvertence, ignorance of the rules, or mistakes construing the rules do not usually constitute ‘excusable’ neglect.” (internal quotation marks omitted)) — this Court wonders why a party acting diligently and in good faith would wait three additional months after being alerted to a missed deadline before attempting to mitigate the error.
discussed Cited as authority (rule) Laffit Pincay, Jr. Christopher J. McCarron v. Vincent S. Andrews Robert Andrews Vincent Andrews Management Corp. (2×)
9th Cir. · 2004 · confidence medium
Circuit has upheld a district court finding of excusable neglect for missing a deadline, but this was in the context of "a case-management decision in a complex class action, in which district court discretion is at its greatest." In re Vitamins Antitrust Class Actions, 327 F.3d 1207, 1210 (D.C.Cir.2003). 4 Imagine what will happen the next time we get a case on materially indistinguishable facts, except that the district court found the delay in excusable.
discussed Cited as authority (rule) United States v. Torres (2×)
10th Cir. · 2004 · signal: cf. · confidence medium
See 16A Wright, Miller & Cooper, Federal Practice & Procedure § 3950.9 at 250 (3d ed. 1999) (“It is beyond belief that ‘excusable neglect’ would have one meaning in Appellate Rule 4(a) and a different meaning in Appellate Rule 4(b).”); cf. In re Vitamins Antitrust Class Actions, 327 F.3d 1207, 1210 (D.C.Cir.2003) (suggesting that special interest of courts of appeal in the filing of timely notices of appeal may justify stricter interpretation of “excusable neglect” in that context).
discussed Cited as authority (rule) Wilson v. Prudential Financial
D.D.C. · 2003 · confidence medium
Among the factors that the district court may consider in determining whether neglect is excusable are “(1) the danger of prejudice to the party opposing the modification, (2) the length of delay and its potential impact on judicial proceedings, (3) the reason for the delay, including whether it was within the reasonable control of the movant, and (4) whether the movant acted in good faith.” In re Vitamins Antitrust Class Actions, 327 F.3d 1207, 1209 (D.C.Cir.2003) (citing Pioneer Inv.
discussed Cited "see" Dehope v. Jones Lang Lasalle Americas, Inc.
D.D.C. · 2025 · signal: see · confidence high
See In re Vitamins 3 Antitrust Class Actions, 327 F.3d 1207, 1209 (D.C.
cited Cited "see" Freely v. Shanahan
D.D.C. · 2019 · signal: see · confidence high
See In re Vitamins Antitrust Class Actions, 327 F.3d 1207, 1209 (D.C.
cited Cited "see" Beecroft v. Ocwen Loan Servicing, LLC
N.D. Ill. · 2019 · signal: see · confidence high
See In re Vitamins Antitrust Class Actions, 327 F.3d 1207, 1209-10 (D.C.
cited Cited "see" Snyder v. Ocwen Loan Servicing LLC
N.D. Ill. · 2019 · signal: see · confidence high
See In re Vitamins Antitrust Class Actions, 327 F.3d 1207, 1209-10 (D.C.
Retrieving the full opinion text from the archive…
In Re: Vitamins Antitrust Class Actions
02-7025.
Court of Appeals for the D.C. Circuit.
May 6, 2003.
327 F.3d 1207
Jeffrey S. Cashdan argued the cause for appellant UCB Chemicals Corporation. With him on the briefs was Kevin R. Sullivan. Jeffrey S. Bucholtz entered an appearance., Gerald G. Saltarelli argued the cause and filed the brief for appellee Hill’s Pet Nutrition, Inc.
Ginsburg, Sentelle, Randolph.
Cited by 74 opinions  |  Published

Opinion for the Court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge:

UCB Chemicals Corporation appeals from a February 22, 2002 order of the district court granting Hill’s Pet Nutrition Inc.’s (“Hill’s Pet”) Motion to Modify the Final Order Approving Class Settlement and Final Judgment entered by the district court on November 30, 2001. We affirm the order because the district judge did not abuse his discretion when he found that Hill’s Pet’s neglect in failing to timely opt out of the settlement was excusable. Background

The class settlement at issue in this case is one of the many federal antitrust actions alleging price-fixing by suppliers of vitamins. The claims against UCB and other providers of choline chloride were consolidated before a single judge of the United States District Court for the District of Columbia under the title In re Vitamins Antitrust Litigation for pretrial proceedings. On July 25, 2001, the district court entered an order certifying the UCB Settlement Class and preliminarily approving the proposed settlement, in which UCB agreed to pay $9 million for a complete release of claims against it. The order contained a plan for notifying class members of the settlement. The plan provided for mailing notices to class members as well as publishing notices in widely read industry periodicals and the Wall Street Journal. The notices expressly stated that members would be bound by the settlement and could opt out by sending a[*1209] written request postmarked before or on September 28, 2001. The Claims Administrator mailed a notice to Hill’s Pet’s corporate parent, at the same address to which prior notices, which had elicited responses, had been sent. The notice was also posted online. On November 30, 2001, the district judge entered a final judgment approving the settlement. When Hill’s Pet’s counsel reviewed an exhibit attached to the final order, on December 10, 2001, he discovered that Hill’s Pet was not listed among the class members who had timely opted out. Two days later, he filed a Motion to Modify the Final Order Approving the Class Settlement and Final Judgment to allow Hill’s Pet to opt out of the settlement. The court granted this motion pursuant to Fed.R.Civ.P. 6(b) and 60(b) after finding that Hill’s Pet’s failure to file a timely opt-out notice was the result of excusable neglect, not bad-faith, and that UCB would not be substantially prejudiced.

Analysis

This court reviews the district court’s decision for abuse of discretion, which allows for reversal only if the district court applied the wrong legal standard or relied on clearly erroneous findings of fact. See Peters v. Nat’l R.R. Passenger Corp., 966 F.2d 1483, 1485 (D.C.Cir.1992); Linder v. Dept. of Defense, 133 F.3d 17, 24 (D.C.Cir.1998). The district court had discretion, pursuant to Fed. R.Civ.P. 6(b) and Fed.R.Civ.P. 60(b), to modify its order so that Hill’s Pet would be able to opt-out of the settlement beyond the agreed opt-out date. Rule 6(b) states that “the court for cause shown may at any time in its discretion ... permit the act to be done where the failure to act was the result of excusable neglect.” Fed.R.Civ.P. 6(b). Additionally, Rule 60(b) provides that “[o]n motion and upon such terms as are just, the court may relieve a party or a party’s legal representative from a final judgment, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect, ... or (6) any other reason justifying relief from the operation of the judgment.” Fed.R.CivJP. 60(b).

The Supreme Court addressed the meaning of “excusable neglect” in Pioneer Inv. Servs. Co. v. Brunswick Assocs. Ltd. P’ship, 507 U.S. 380, 113 S.Ct. 1489, 123 L.Ed.2d 74 (1993). The Court set forth factors to consider when determining what kind of neglect will be considered “excusable.” These include: (1) the danger of prejudice to the party opposing the modification, (2) the length of delay and its potential impact on judicial proceedings, (3) the reason for the delay, including whether it was within the reasonable control of the movant, and (4) whether the movant acted in good faith. Id. at 395,113 S.Ct. at 1498. The district judge in the current case evaluated the factors articulated, and found that UCB would not be substantially prejudiced by Hill’s Pet’s untimely opt-out; the length of the delay was short and would not impact judicial proceedings; and that there was no indication that Hill’s Pet had acted in bad faith. The court also found that the reason for the delay was within Hill’s Pet’s reasonable control but that the other factors outweighed the impact of this finding, and consequently granted Hill’s Pet’s motion to modify the final order.

On appeal, UCB urges this court to adopt a per se rule that garden variety attorney inattention can never constitute excusable neglect. We decline and uphold the district court. The Pioneer standard precludes the adoption of any such per se rule. The Court in Pioneer purposely fashioned a flexible rule which, by its nature, counsels against the imposition of a per se rule on attorney neglect. “Although[*1210] inadvertence, ignorance of the rules, or mistakes construing the rules do not usually constitute ‘excusable’ neglect, it is clear that ‘excusable neglect’ ... is a somewhat ‘elastic concept’ and is not limited strictly to omissions caused by circumstances beyond the control of the movant.” Id. at 392, 113 S.Ct. at 1496. See Yesudian ex rel U.S. v. Howard Univ., 270 F.3d 969, 971 (D.C.Cir.2001) (applying the excusable neglect standard without emphasis on any particular Pioneer factor.)

UCB argues that some of our sister circuits have suggested that certain types of attorney neglect can never constitute excusable neglect. The Eighth Circuit has stated in a recent case, “Notwithstanding the ‘flexible’ Pioneer standard, experienced counsel’s misapplication of clear and unambiguous procedural rules cannot excuse his failure to file a timely notice of appeal.” Lowry v. McDonnell Douglas Corp., 211 F.3d 457, 464 (8th Cir.2000). Likewise, the Eleventh Circuit has held, “an attorney’s misunderstanding of the plain language of a rule cannot constitute excusable neglect such that a party is relieved of the consequences of failing to comply with a statutory deadline.” Advanced Estimating Sys., Inc. v. Riney, 130 F.3d 996, 998 (11th Cir.1997). We note that we doubt the applicability of such precedents to the present case because each involves an attorney’s failure to file a timely notice of appeal, an issue of special interest to the courts of appeal. Lowry, 211 F.3d at 458; Advanced Estimating Sys., 130 F.3d at 997. By contrast, the current case involves a case-management decision in a complex class action, in which district court discretion is at its greatest. In any case, because we find the question of whether attorney error may constitute “excusable neglect” is within the discretion of the district court and the court did not abuse its discretion, we will affirm the modification of the final judgment.