Mora v. Burn and Plastic Hand Clinic, 2:23-cv-01008

Plaintiff Olivia Mora, proceeding pro se, filed disability discrimination and retaliation claims against Burn and Plastic Hand Clinic, Katherine Cannon, and Harborview Medical Center under the ADA, Washington Law Against Discrimination, and the Rehabilitation Act, plus state tort claims.
The district court dismissed the complaint with prejudice under 28 U.S.C. § 1915(e)(2)(B)(ii), finding no federal claim stated and declining supplemental jurisdiction over state claims.
Judgment was entered on December 6, 2023; Mora filed her notice of appeal five days late, on January 11, 2024.
Mora moved to allow her late appeal citing late receipt of judgment, her cognitive disability, and lack of legal guidance.
The Ninth Circuit remanded for the district court to rule on the motion to extend the time to appeal.
The court considered whether “excusable neglect” justified the late filing using the Pioneer factors test.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether to extend time to file a late appeal	Delay was due to late notice, cognitive disability, and no attorney	Not stated/Defaulted	Motion to extend time granted for excusable neglect

Pioneer Inv. Servs. Co. v. Brunswick Assocs. Ltd. P’ship, 507 U.S. 380 (excusable neglect standard for late filings)
Pincay v. Andrews, 389 F.3d 853 (9th Cir. 2004) (application of Pioneer excusable neglect factors)
Mendez v. Knowles, 556 F.3d 757 (9th Cir. 2009) (reaffirming Pioneer standard in the Ninth Circuit)