Dimmitt v. Ockenfels, 407 F.3d 21 (1st Cir. 2005). · Go Syfert
Dimmitt v. Ockenfels, 407 F.3d 21 (1st Cir. 2005). Cases Citing This Book View Copy Cite
45 citation events (45 in the last 25 years) across 11 distinct courts.
Strongest positive: Kennedy, Jr. v. Vickrey (nhd, 2024-04-17)
Treatment trajectory · 2005 → 2026 · click a year to view as-of
2005 2015 2026
Top citers, strongest first. 32 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Kennedy, Jr. v. Vickrey
D.N.H. · 2024 · signal: see also · quote attribution · 1 verbatim quote · confidence high
as we have repeatedly held, even under the flexible standard prescribed by pioneer, counsels' inattention or carelessness, such as a failure to consult or to abide by an unambiguous court procedural rule, normally does not constitute 'excusable neglect.
examined Cited as authority (verbatim quote) Robert F. Kennedy, Jr., Plaintiff v. David Vickrey, Defendant
D.N.H. · 2024 · signal: see also · quote attribution · 1 verbatim quote · confidence high
as we have repeatedly held, 12 even under the flexible standard prescribed by pioneer, counsels' inattention or carelessness, such as a failure to consult or to abide by an unambiguous court procedural rule, normally does not constitute 'excusable neglect.
discussed Cited as authority (verbatim quote) H2H Associates, LLC v. Blue Waters Dredging LLC (2×) also: Cited "see"
D. Mass. · 2021 · signal: see also · quote attribution · 1 verbatim quote · confidence high
among the factors enumerated in pioneer, by far the most critical is the asserted reason for the mistake.
discussed Cited as authority (verbatim quote) Simmon-Roman v. ABC Insurance Company
D.P.R. · 2020 · quote attribution · 1 verbatim quote · confidence high
the stated reasons for the neglect-confusion over filing dates and busyness-hold little water.
discussed Cited as authority (verbatim quote) Deo-Agbasi v. Parthenon Group (2×) also: Cited as authority (rule)
D. Mass. · 2005 · quote attribution · 1 verbatim quote · confidence high
ajmong the factors enumerated in pioneer, by far the most critical is the asserted reason for the mistake.
cited Cited as authority (rule) Brittany Wood v. Penobscot County Jail, et al.
D. Me. · 2026 · confidence medium
Me. 2006) (quoting Dimmitt v. Ockenfels, 407 F.3d 21, 24 (1st Cir. 2005)).
cited Cited as authority (rule) PINES CHURCH v. HERMON SCHOOL DEPARTMENT
D. Me. · 2024 · confidence medium
The “most critical [factor] is the asserted reason for the mistake.” Dimmitt v. Ockenfels, 407 F.3d 21, 24 (1st Cir. 2005).
cited Cited as authority (rule) TUCKER v. LANTMANNEN UNIBAKE USA INC
D. Me. · 2023 · confidence medium
Me. 2006) (quoting Dimmitt v. Ockenfels, 407 F.3d 21, 24 (1st Cir. 2005)).
discussed Cited as authority (rule) Salgado Colon v. Hospital Hermanos Melendez, Inc.
D.P.R. · 2022 · confidence medium
Even so, the First Circuit cautioned that “counsels’ inattention or carelessness, such as failure to consult or to abide by an unambiguous court procedural rule, normally does not constitute ‘excusable neglect.’” Dimmitt v. Ockenfels, 407 F.3d 21, 24 (1st Cir. 2005).
cited Cited as authority (rule) DAGGETT v. YORK COUNTY
D. Me. · 2021 · confidence medium
“The third factor, the reason for the mistake, is . . . ‘by far the most critical.’” Id. at 181 (quoting Dimmitt v. Ockenfels, 407 F.3d 21, 24 (1st Cir. 2005)).
discussed Cited as authority (rule) Tubens v. Doe (2×)
1st Cir. · 2020 · confidence medium
Dimmitt v. Ockenfels, 407 F.3d 21, 23 (1st Cir. 2005).
discussed Cited as authority (rule) Tubens v. Doe
D. Mass. · 2020 · confidence medium
But, as the First Circuit has held, “counsels’ inattention or carelessness, such as a failure . . . to abide by an unambiguous court procedural rule, normally does not constitute ‘excusable neglect.’” Dimmitt v. Ockenfels, 407 F.3d 21, 24 (1st Cir. 2005).
discussed Cited as authority (rule) Skrabec v. Town of North Attleboro
1st Cir. · 2017 · confidence medium
While each potential factor should be weighed, there is ultimately a thumb on the scale because “[wjithin the constellation of relevant factors, the most important is the reason for the particular oversight.” Nansamba, 727 F.3d at 38 -39 (citing Dimmitt v. Ockenfels, 407 F.3d 21, 24 (1st Cir. 2005)).
discussed Cited as authority (rule) Sheedy v. Bankowski (In Re Sheedy) (2×) also: Cited "see"
1st Cir. · 2017 · signal: cf. · confidence medium
Cf. Dimmitt, 407 F.3d at 24 (affirming district court’s grant of summary judgment following counsel’s failure to comply with local procedural rules).
discussed Cited as authority (rule) Keane v. HSBC Bank USA, N.A.
1st Cir. · 2017 · confidence medium
As we have said, “the excusable neglect inquiry .involves a significant equitable component and must give due regard to the totality of the relevant circumstances surrounding the [party’s] lapse,” Dimmitt v. Ockenfels, 407 F.3d 21, 24 (1st Cir. 2005) (internal quotation -marks omitted).
cited Cited as authority (rule) Government Services Corp. v. United States
Fed. Cl. · 2017 · confidence medium
Gov’t Opp. at 6-7 (quoting Dimmitt v. Ockenfels, 407 F.3d 21, 24 (1st Cir. 2005)) (internal quotation marks omitted).
discussed Cited as authority (rule) Villoldo v. Computershare, Inc.
1st Cir. · 2016 · confidence medium
Rivera-Almodovar v. Instituto Socioeconomico Comunitario, Inc., 730 F.3d 23, 27 (1st Cir.2013) (“[A] lawyer’s ‘inattention or carelessness,’ without more, ‘normally does not constitute excusable neglect.)’” (quoting Dimmitt v. Ockenfels, 407 F.3d 21, 24 (1st Cir.2005)).
cited Cited as authority (rule) Rivera-Almodóvar v. Instituto Socioeconómico Comunitario, Inc.
1st Cir. · 2013 · confidence medium
Even so, a lawyer’s “inattention or carelessness,” without more, “normally does not constitute ‘excusable neglect.’ ” Dimmitt v. Ock-enfels, 407 F.3d 21, 24 (1st Cir.2005).
discussed Cited as authority (rule) Builders Insurance Group, Inc. v. R.J. Groover Construction, LLC (In Re R.J. Groover Construction, LLC)
Bankr. S.D. Ga. · 2008 · confidence medium
I hold that Builders’ neglect is not excusable for the following reasons. “[A]mong the factors enumerated in Pioneer, by far the most critical is the asserted reason for the mistake.” Dimmitt v. Ockenfels, 407 F.3d 21, 24 (1st Cir.2005); Lowry v. McDonnell Douglas Corp., 211 F.3d 457, 463 (8th Cir.2000)(holding that “the excuse given for the late filing must have the greatest import.”); see In re Kmart Corp., 315 B.R. 718, 723 (N.D.Ill. 2004) (“[T]he would-be appellant must demonstrate unique or extraordinary circumstances” that caused Builders to not file a notice of appeal in t…
cited Cited as authority (rule) AMC Mortgage v. Chase
D.N.H. · 2008 · confidence medium
Dimmitt v. Ockenfels, 407 F.3d 21, 24 (1st Cir. 2005); $23.000 in United States Currency. 356 F.3d at 164, 165 .
discussed Cited as authority (rule) In Re LaClair
Bankr. D. Mass. · 2006 · confidence medium
Dimmitt v. Ockenfels, 407 F.3d 21, 24 (1st Cir.2005) (emphasis supplied). 10 Here, Attorney Lafayette complains that his hospitalization, on December 11, 2006, has interfered with his ability to timely file the notice of appeal.
discussed Cited as authority (rule) Robinson v. Wright
D. Me. · 2006 · confidence medium
They quote First Circuit law, which states that “even under the flexible standard prescribed by Pioneer, counsels’ inattention or carelessness normally does not constitute ‘excusable neglect.’ ” Defs. ’ Objection at 2 (citing Dimmitt v. Ocken-fels, 407 F.3d 21, 24 (1st Cir.2005)).
discussed Cited "see" Martello v. United States (2×) also: Cited "see, e.g."
D. Mass. · 2015 · signal: see · confidence high
See Dimmitt, 407 F.3d at 24 ("[C]ounseIs inattention or carelessness, such as a failure to consult or to abide by an unambiguous court procedural rule, normally does not constitute 'excusable neglect.’ ”) Without good reason for delay, a discretionary extension for Mr. Martello to effect service on the United States would not be proper under Rule 6(b).
cited Cited "see" Nansamba v. North Shore Medical Center, Inc.
1st Cir. · 2013 · signal: see · confidence high
See Dimmitt v. Ockenfels, 407 F.3d 21, 24 (1st Cir.2005).
cited Cited "see" Rivera-Siaca v. Dcc Operating, Inc.
D.P.R. · 2009 · signal: see · confidence high
See Dimmitt v. Ockenfels, 407 F.3d 21, 25 (1st Cir.2005).
cited Cited "see" O'MALLEY v. Town of Egremont
D. Mass. · 2006 · signal: see · confidence high
See generally Dimmitt v. Ockenfels, 407 F.3d 21, 23-25 (1st Cir.2005) (describing circuit’s excusable neglect standards).
cited Cited "see" Fernandez v. Urban Transit Solutions, Inc.
D.P.R. · 2005 · signal: see · confidence high
See Dimmitt v. Ockenfels, 407 F.3d 21, 24 (1st Cir.2005).
discussed Cited "see, e.g." Jose Luis Orosco and Vivian Garcia Orosco
Bankr. N.D. Tex. · 2020 · signal: see also · confidence medium
S.D.N.Y. 2010) (claiming that this is a more important factor because the other factors favor the late filer); see also Dimmitt v. Ockenfels, 407 F.3d 21, 24 (1st Cir. 2005) (explaining that “among the factors enumerated in Pioneer, by far the most critical is the asserted reason for the mistake”); In re Kmart Corp., 381 F.3d 709, 715 (7th Cir. 2004) (noting reason for delay is an “immensely persuasive” factor); Kretchmer v. Eveden, Inc., No. 07-cv-1068, 2009 WL 1939036 , at *2 (N.D.
discussed Cited "see, e.g." Rockwell Automation, Inc. v. United States
Ct. Intl. Trade · 2014 · signal: see, e.g. · confidence medium
See, e.g., Dimmitt v. Ockenfels, 407 F.3d 21, 24 (1st Cir.2005) (emphasizing that, in evaluating claim of "excusable neglect,” "by far the most critical [factor] is the asserted reason” for the failure to timely file); Silivanch, 333 F.3d at 366 & n. 7 (explaining that, "despite the flexibility of ‘excusable neglect’ and the existence of the four-factor test [for determining 'excusable neglect'] ..., we and other circuits have focused on the third factor: 'the reason for the delay, including whether it was within the reasonable control of the movant’ ”) (citation omitted); Lowry v.…
discussed Cited "see, e.g." Rockwell Automation, Inc. v. United States
Ct. Intl. Trade · 2014 · signal: see, e.g. · confidence medium
See, e.g., Dimmit v. Ockenfels, 407 F.3d 21, 24 (1st Cir. 2005) (emphasizing that, in evaluating claim of “excusable Court Nos. 05-00269 et al.
cited Cited "see, e.g." Maroc Fruit Board S.A. v. M/V Vinson
D. Mass. · 2012 · signal: see also · confidence medium
Cintron-Lorenzo v. Departamento de Asuntos del Consumidor, 312 F.3d 522, 527 (1st Cir.2002) (citing cases); see also Dimmitt v. Ockenfels, 407 F.3d 21, 24 (1st Cir.2005). .
cited Cited "see, e.g." United States v. Tellez
W.D. Tex. · 2009 · signal: see also · confidence medium
See Dierschke, 975 F.2d at 184; see also Dimmitt v. Ockenfels, 407 F.3d 21, 24 (1st Cir.2005) (when defaulting party was aware of pending case, “protestations of good faith ... do not suffice”).
Retrieving the full opinion text from the archive…
Peter A. DIMMITT, Jr., Plaintiff, Appellant,
v.
Alfred OCKENFELS, Et Al., Defendants, Appellees
04-1618.
Court of Appeals for the First Circuit.
May 12, 2005.
407 F.3d 21
Walter F. McKee, with whom Lipman, Katz & McKee, P.A. was on brief for appellant., Edward R. Benjamin, Jr., with whom Thompson & Bowie, LLP, was on brief for appellees.
Lynch, Cyr, Howard.
Cited by 35 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 68%
Citer courts: D. Massachusetts (1)
CYR, Senior Circuit Judge.

In June 2003, Peter Dimmitt filed suit against the Town of Rockland, Maine, its police department and several police officers, alleging that the police had used excessive force in effecting his arrest. The defendants filed a motion for summary judgment, as well as the required statement of material facts and supporting record citations. See Me. U.S. Dist. Ct. Local R. 56(b). [1] Dimmitt’s counsel submitted a timely opposition to the motion, but the accompanying statement of material facts (setting forth his putative evidence relating to the use of excessive force) did not comply with Local Rule 56(c), which requires that the counterstatement expressly admit, deny or qualify each paragraph of[*23] the defendants’ statement of material facts. [2]

Defendants filed a motion to strike the Dimmitt counterstatement as' noncompli-ant with the local rules. Dimmitt’s counsel responded that any noncompliance was due to “excusable neglect,” see Fed. R.Civ.P. 6(b), [3] and explained:

Difficult as it may be to admit, Plaintiffs counsel’s failure to properly file an opposing statement of facts in dispute is based upon inexperience with the requirements of the District Court and unfamiliarity with the local rules. Counsel has not participated in a civil case in U.S. District Court for several years (but for a busy bankruptcy practice) and is attempting to get up to speed as soon as is humanly possible. Counsel has had extreme difficulties with everything from perfecting his ECF participation to keeping up with the speed of the system compared to that of the State court system, to which he is intimately acquainted. While his pleadings may not have been set forth in the required manner, Plaintiff has made a good-faith effort to show the Court that there are substantial disagreements regarding the facts' of this case through the submission of his own Statement of Material Facts.

The district court granted the motion to strike. Then, in the absence- of a timely Rule 56(c) counterstatement demonstrating evidence of the use of excessive force, it proceeded to grant summary judgment for the defendants. Dimmitt now appeals from that judgment insofar as it rests upon the allowance of the defendants’ motion to strike the counterstatement. [4]

The district court ruling that Dimmitt failed to demonstrate “excusable neglect” is reviewed only for abuse of discretion. See Fed.R.Civ.P. 6(b); Bennett v. City of Holyoke, 362 F.3d 1, 4-5 (1st Cir.2004). In so doing, we accord broad deference to the special role of the district court in administering its local procedural rules. See Crowley v. L.L. Bean, Inc., 361 F.3d 22, 25 (1st Cir.2004).

On appeal, Dimmitt contends that the district court applied an inflexible “excusable neglect” standard, which was explicitly rejected in Pioneer Investment Services Co. v. Brunswick Associates Limited Partnership, 507 U.S. 380, 392, 113 S.Ct. 1489, 123 L.Ed.2d 74 (1993) (describing “excusable neglect” as an “elastic concept”). Dimmitt argues that his counsel presented credible reasons for his mistake, and that there exists no evidence either that his attorney acted in bad faith or that[*24] the 18-day delay in submitting a compliant counterstatement prejudiced the defendants’ case. See id. at 395, 113 S.Ct. 1489 (enumerating some factors pertinent to “excusable neglect” inquiry).

It is true that the “excusable neglect” inquiry involves “a significant equitable component and must give due regard to the totality of the relevant circumstances surrounding the movant’s lapse.” Bennett, 362 F.3d at 5. We can discern no abuse of discretion, however, in the district court’s equitable decision not to excuse the late filing by Dimmitt’s counsel in the present circumstances.

First, as we have repeatedly held, “even under the flexible standard prescribed by Pioneercounsels’ inattention or carelessness, such as a failure to consult or to abide by an unambiguous court procedural rule, normally does not constitute “excusable neglect”. See Pioneer, 507 U.S. at 392, 113 S.Ct. 1489 (“inadvertence, ignorance of the rules, or mistakes concerning construing the rules do not usually constitute ‘excusable neglect.’ ”); Stonkus v. City of Brockton Sch. Dep’t, 322 F.3d 97, 101 (1st Cir.2003); Graphic Communications Int’l Union, Local 12-N v. Quebecor Printing Providence, Inc., 270 F.3d 1, 6-7 (1st Cir.2001); Hospital del Maestro v. NLRB, 263 F.3d 173, 175 (1st Cir.2001) (per curiam).

Moreover, among the factors enumerated in Pioneer, by far the most critical is the asserted reason for the mistake. See Hospital del Maestro, 263 F.3d at 175. Here, Dimmitt’s counsel proffered two reasons for the lapse: (i) he was accustomed to practicing in the state-court system, and was having difficulty adapting to “the speed of the [federal-court] system”; and (ii) he was unfamiliar with the local district court rules relating to summary judgment. Neither explanation warrants relief.

Had Dimmitt’s counsel been experiencing difficulty in meeting the 21-day deadline for submitting the opposition in a compliant manner, he need simply have moved for an extension prior to its expiration, which could have been allowed under the more liberal “good cause” or “cause shown” standard. See Venegas-Hernandez v. Sonolux Records, 370 F.3d 183, 187 (1st Cir.2004); accord Hamby v. Thomas Realty Assocs., 617 A.2d 562, 564 (Me.1992) (noting, in analogous context, that “ ‘good cause’ standard is less stringent than the ... ‘excusable neglect’ standard”); cf. Me. R. Civ. P. 6(b). Indeed, the district court already had demonstrated its willingness to accommodate counsel’s purported lack of familiarity with one aspect of federal-court practice-the use of the electronic filing system-by granting counsel’s request for an exemption from it.

Further, both the state and the federal rules prescribe the identical 21-day deadline for filing an opposition to a summary judgment motion, see Me. Local R. 7(c)(2) & (3) (“Any party opposing any other motion shall file a memorandum and any supporting affidavits or other documents in opposition to the motion not later than 21 days after the filing of the motion, unless another time is set by the court.... A party failing to file a timely memorandum in opposition to a motion shall be deemed to have waived all objections to the motion.”), and counsel never explained how he could have been overwhelmed by federal summary judgment deadlines, yet not by identical state deadlines.

Finally, the requirement that the coun-terstatement of a party opposing summary judgment must reference each numbered paragraph of the moving party’s statement of material facts, and expressly admit, deny or qualify the facts alleged therein, likewise are identical in the federal rules and local state rules. Thus, it is simply[*25] not plausible that counsel submitted this noncompliant counterstatement of material facts because he would have done so in the Maine Superior Court.

As Dimmitt’s counsel proffered no valid reason for the noncompliance, the protestations of good faith and insistence that defendants were not prejudiced by his mistake plainly do not suffice as grounds for setting aside the district court determination that his mistake could not be considered “excusable neglect.” See Hospital del Maestro, 263 F.3d at 175 (noting that, since the proffered reason for the mistake is the most pivotal factor, a finding of bad faith is not a prerequisite to the conclusion that a party’s neglect was inexcusable); Gucci Am., Inc. v. Gold Ctr. Jewelry, 158 F.3d 631, 635 (2d Cir.1998) (same).

Affirmed.

1

. Local Rule 56(b) requires the filing of a “separate, short, and concise statement of material facts, set forth in numbered paragraphs, as to which the moving party contends there is no genuine issue of material fact to be tried. Each fact asserted in the statement shall be supported by a record citation.” Me. U.S. Dist. Ct. Local R. 56(b).

2

. Local Rule 56(c) provides, in pertinent part:

A party opposing a motion for summary judgment shall submit with its opposition a separate, short, and concise statement of material facts. The opposing statement shall admit, deny or qualify the facts by reference to each numbered paragraph of the moving party's statement of material facts and unless a fact is admitted, shall support each denial or qualification by a record citation as required by this rule.

Me. U.S. Dist. Ct. Local R. 56(c).

3

. Rule 6(b) provides:

When by these rules or by a notice given thereunder or by order of court an act is required or allowed to be done at or within a specified time, the court for cause shown may at any time in its discretion (1) with or without motion or notice order the period enlarged if request therefor is made before the expiration of the period originally prescribed or as extended by a previous order, or (2) upon motion made after the expiration of the specified period permit the act to be done where the failure to act was the result of excusable neglect.

Fed.R.Civ.P. 6(b).

4

.The district court cited alternate grounds for allowing specific aspects of the defendants' summary judgment motion, but Dim-mitt does not challenge these grounds on appeal.