preparing for american here today i was at my daughter's soccer game and a quick event happened that actually had something to do with the skins a girl fell as part of the game and instantaneously all the other girls in the field dropped  coach the follow up where's the rule that says they're supposed to do that and then look to me so there's no rule we've just always done it that way and that's the same thing that kind of applies here we always thanksgiving the day after thanksgiving to be a holiday just because we've always done it that way is there's really no statutory basis to find it a legal holiday and where is the sportsmanship and with all it's not that way for you to say i'm not going to do it that way the fact is that we write we go by rules regulations laws and again there's a lot of consequences as you know let  me focus on the rule itself the rule itself is interesting because i'm now just reading rule man thousand and six parents unless it is a saturday or sunday or a legal holiday that's ok and then it gets down to describing what are legal holidays within the meaning of the federal rule legal holiday includes new year's day but for the whole bunch of them or any other day appointed as a holiday by president congress or the state it doesn't sa holiday in california so that if a person in california was trying to decide whether they had to knock on the door or file something the day after thanksgiving in a california court  judicial holiday under the statute already own but i mean i think the actual court is open for filing let me ask you this and this is not a trick question to which i know the answer and i  primarily to address these types of situations if the idea to have federal state consistency within each state in california doesn't count the day after thanksgiving for purposes of computing deadlines and so forth and that's exactly what this case is about computing a deadline why doesn't why doesn't that control i understand your point that one thirty five is more about labor relations than is about days of celebration but if the state cod civil procedure says it doesn't count when you're computing when the last day for something is as a matter of california law and the purpose of the federal rule is to create consistency why doesn't that lead to the conclusion that day bar in this case shouldn't apply or the counting of that bar would go to the next monday well i would say the federal concept of consistency actually would be supported by finding that it would be on the day after thanksgiving because in fact the courts are open for fi between those two things tell me i don't know that's that's the only answer either i think i would assume one thirty five would kick in with regard to opposition deadlines i've seen from a administrative standpoint if it is an oppositional motions do that they i'm assuming it would extent this is going to be deemed a holiday for purposes nine thousand and six does create a conflict as to ok exactly what code sections then can form the basis of finding a holiday within the computation of time the bankruptcy court found a very strict interpretation relying upon unfortunately unpublished court has held that considerations of leniency and liberality should govern and the fact that we're having this discussion and that the issue is complicated i think implicates that rule there is any doubt as to whether or not it's a holiday any reasonable doubt closed i think is important what california court of civil procedure one thirty five says that the day after thanksgiving is a judicial holiday section one thirty four says that state courts are closed on judicial holidays  so state carts are closed a particular judge i assume has the authority to open his courtroom but the clerk's office is closed in the administrative offices are closed and for filing purposes the the court is the issue of consistency the federal rules federal rule of bankruptcy one thousand and six makes the federal courts within a state consistent with the state courts within that state there may be inconsistency  between states there certainly are in between different state courts but what the world has is the federal courts will track the state courts if i think the issue has been pretty well briefed and i'm not going to dwell on it unless the court the court has any question i'd like to briefly talk about the inaccessibility argument and then if the court has questions answered him and if not all i'll be happy to just submit the question is whether the court was closed that day that the h you need to get in order quickly by dab sort of reasoning by modifying matter with emergency the the purpose of the matter is to get something or another whatever the purpose of of the matter is and an matter is one in which you would need to get whatever you are seeking quickly within forty eight hours and should be rare well here this with a filing of adversarial complaint the object of an adversarial complaint is not to get anything quickly if to start somewhat lengthy process and not too likely but certainly not within forty eight hours contemplates discovery motion practice and ultimately a trial that's not going to be wrapped up quickly that's the beginning not of a longer process not an emergency process and it's not just impractical to get people fired up and giving their batched on the source of intermittent intermediate holidays the day after thanksgiving the day before or after july fourth if it's a monday