Opinion Clarifies How To Perform Calculation.
In Stevens v. Jiffy Lube, No. 17-15965 (9th Cir. 12/27/18) (McKeown, Fletcher, Bybee), the panel affirms the district court's denial of a petition to vacate an arbitration award, on the grounds that the petition was one day late. In doing so, it clarifies how to calculate the deadline.
The arbitration award was delivered on September 14, 2016, and the petition was filed on December 15, 2016. Look to Federal Rule of Civil Procedure 6(a) for how to calculate the three-month filing deadline under the Federal Arbitration Act's three-month filing deadline. The Federal Rules of Civil Procedure apply to FAA proceedings, unless the FAA provides otherwise.
1. When the period is stated in days or a longer unit of time (here, three months), exclude the day of the event that triggers the period, here, September 14, 2016.
2. Count every day, including intermediate Saturdays, Sundays, and legal holidays.
3. Include the last day of the period, but if the last days is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday.
Comments