Leskinen v. The United States Department of Agriculture et al

Filing 73

ORDER signed by Magistrate Judge Kendall J. Newman on 10/7/2019 GRANTING 72 Motion for Extension Time until 11/25/2019, for Plaintiff to file her notice of appeal. (York, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LAURA LESKINEN,

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Plaintiff,

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No. 2:18-cv-453-TLN-KJN PS
ORDER

v.

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SONNY PERDUE, Secretary of the United
States Department of Agriculture,

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Defendant.

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On August 26, 2019, the district court adopted the findings and recommendations issued

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by the undersigned, recommending that the United States’ motion for summary judgment be

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granted. (ECF No. 70.) The district court also entered judgment this day. (ECF No. 71.) On

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September 30, 2019, Plaintiff filed a motion for extension of time to file her notice of appeal.

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(ECF No. 72.) Therein, Plaintiff cited to Rule 4,1 arguing that because a United States agency is a

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party, she has 60 days post–judgment to file her notice of appeal. (Id., citing FRAP 4(a)(1)(B).)

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Plaintiff also argues that Rule 4(a)(5)(A) allows for an additional 30 days if timely requested and

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if she demonstrates good cause. Plaintiff, proceeding pro se, states she requires more time to

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finance and find an attorney for her appeal. (ECF No. 72.)

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Citation to the “Rule(s)” are to the Federal Rules of Appellate Procedure, unless otherwise
noted.
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Rule 4(a) (1)(A) provides that, generally, in a civil case, “the notice of appeal . . . must be

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filed with the district clerk within 30 days after entry of the judgment or order appealed from.”

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However, “if one of the parties is . . . a United States agency,” then the notice of appeal “may be

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filed by any party within 60 days . . . .” Waldron, Tr. for Venture Fin. Grp., Inc. v. Fed. Deposit

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Ins. Corp., 935 F.3d 844, 847 (9th Cir. 2019) (citing Rule 4(a)(1)(B)(ii)); United States v.

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Vaccaro, 51 F.3d 189, 191 (9th Cir. 1995); see also Wright and Miller, 16A Fed. Prac. & Proc.

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Juris. § 3950.2 (5th ed.) (“It is important to note that it is not only the United States, or its officer,

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employee, or agency that gets the benefit of the extended time. If one of the specified types of

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federal entities is a party to the case, ‘any party’ may file a notice of appeal within 60 days of the

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date of entry.”). The district court may extend the time to file a notice of appeal if made no later

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than 30 days after the expiration of time, and if the party shows “excusable neglect or good

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cause.” Rule 4(a)(5)(A)(i–ii); see also Comment to 2002 Amendments to Rule 4 (“The good

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cause standard applies in situations in which there is no fault--excusable or otherwise. In such

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situations, the need for an extension is usually occasioned by something that is not within the

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control of the movant.”).

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Here, the Court finds Plaintiff has met the good cause requirement, and so her request for

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an extension of time should be granted. See, e.g., Griffin v. George B. Buck Consulting

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Actuaries, Inc., 573 F. Supp. 1134, 1136 (S.D.N.Y. 1983) (finding good cause to extend time to

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appeal where the appealing party proceeded pro se post–judgment). Plaintiff is notified that

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under the Appellate Rules, no further extensions may be granted. Rule 4(a)(5)(C) (“No extension

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under this Rule 4(a)(5) may exceed 30 days after the prescribed time . . . .”).

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion for extension of time (ECF No. 72) is GRANTED; and

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2. Plaintiff shall have until November 25, 2019 to file her notice of appeal.

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IT IS SO ORDERED.

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Dated: October 7, 2019

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