Warner et al v. CitiMortgage, Inc.

Filing 27

ORDER. Plaintiffs' Motion for Extension of Time to File Notice of Appeal 23 is GRANTED and the Notice of Appeal filed 5/7/2012 shall be deemed timely, by Chief Judge Wiley Y. Daniel on 5/10/12. (lsw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Chief Judge Wiley Y. Daniel
Civil Action No. 11-cv-02657-WYD-KLM
HOMER K. WARNER;
BETTY S. WARNER; and
COREY WARNER,
Plaintiffs,
v.
CITIMORTGAGE, INC.,
Defendant.

ORDER

THIS MATTER is before the Court on Plaintiffs’ Motion for Extension of Time to
File Notice of Appeal, filed May 7, 2012 [ECF No. 23]. Final Judgment entered in this
case on March 14, 2012, and pursuant to Fed. R. App. P. 4(a)(1)(A), Plaintiffs had until
April 13, 2012, to file their Notice of Appeal. The district court may grant an extension of
time for the filing of a Notice of Appeal under Rule 5(A) if the request for extension is
made no later than thirty days after the time prescribed by Rule 4(a) expires, and where
a party demonstrates good cause or excusable neglect. Here, the request for extension
was made within thirty days after the time for filing the Notice of Appeal expired.
In the instant motion, Plaintiffs state that their counsel, who is a solo practitioner,
became extremely ill requiring surgery and did not work for a period of approximately 34 weeks. I note that there is no information in the motion as to the date of Plaintiffs’
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counsel’s surgery and recovery. However, under these circumstances I will find that
Plaintiffs have established good cause for an extension of time.
Therefore, it is hereby
ORDERED that Plaintiffs’ Motion for Extension of Time to File Notice of Appeal,
filed May 7, 2012 [ECF No. 23] is GRANTED and the Notice of Appeal filed May 7,
2012, shall be deemed timely.
Dated: May 10, 2012
BY THE COURT:

s/ Wiley Y. Daniel
Wiley Y. Daniel
Chief United States District Judge

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