Opinion
This panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)
Michele C. Marchand, Esq., USLA-Office of the U.S. Attorney Criminal Division, Los Angeles, CA, for Plaintiff-Appellee.
David A. Katz, Katz & Associates, Beverly Hill, CA, for Claimant-Appellant.
Appeal from the United States District Court for the Central District of California, S. James Otero, District Judge, Presiding. D.C. No. CV-03-01818-SJO.
Before: SILVERMAN and CALLAHAN, Circuit Judges, and DUFFY, Senior Judge.
The Honorable Kevin T. Duffy, Senior District Judge, Southern District of New York, sitting by designation.
Page 823.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
Assuming arguendo that Al-Yasin established that his failure to file his response on time was excusable, his motion nevertheless failed to demonstrate that he had a meritorious defense. Casey v. Albertson's, 362 F.3d 1254, 1260 (9th Cir.2004). The motion does no more than express counsel's belief that the late-filed opposition to the motion for summary judgment would have precluded summary judgment. This is insufficient. The district court did not abuse its discretion in denying the motion.
AFFIRMED.