based on failure to prosecute, where it is established that the default or failure was due to excusable neglect. (2) Procedure to challenge (A) Notice of the application to challenge a determination of the Copyright Claims Board shall be provided to all parties to the proceeding before the Copyright Claims Board, in accordance with the procedures applicable to service of a motion in United States District Court for the District of Columbia. (B) The application shall include a certified copy of the final or amended final determination, as reflected in the records of the Copyright Claims Board following any process of reconsideration or review by the Register of Copyrights, that is the subject of the application, as well as a declaration by the applicant under penalty of perjury that it is a true and correct copy of such determination, the date it was issued, the basis for challenge under subsection (c)(1), and whether the applicant is aware of any other proceedings before the United States District Court concerning the same determination of the Copyright Claims Board. For the purposes of the application, any judge who might make an order to stay the proceedings in an action brought in the same court, may make an order, to be served with the notice of application, staying proceedings to enforce the award. 1408. Relationship to other district court actions (a) Stay of district court proceedings A United States district court shall order a stay of proceedings or such other relief as it deems appropriate with respect to any claim brought before it that is already the subject of a pending active proceeding before the Copyright Claims Board. (b) District court cost and fee awards In any case before a United States district court in which the court is considering whether to award costs or attorneys’ fees to a prevailing party pursuant to section 505 of this title, the district court may in its discretion take into account, among other relevant factors, whether the nonprevailing party had the option and could have chosen