Rymer v. Commissioner of Social Security

Filing 32

ORDER granting 31 Plaintiff's Motion for Extension of Time to File a Notice of Appeal. Plaintiff shall have up to and including February 21, 2018 to file a notice of appeal. Plaintiff's counsel shall have up to and including February 5, 2018 to comply with Local Rule 2.03(b) if they seek to withdraw as counsel of record for Plaintiff, or notify the Court if counsel continue to represent Plaintiff. Signed by Magistrate Judge Carol Mirando on 1/22/2018. (HJ)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
BARBARA LYNN RYMER,
Plaintiff,
v.

Case No: 2:16-cv-763-FtM-CM

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
ORDER
This matter comes before the Court upon review of Plaintiff’s Motion for
Extension of Time to File a Notice of Appeal (Doc. 31) filed on January 18, 2018.
Plaintiff seeks an extension of time to file a notice of appeal because she retained an
attorney practicing in Wisconsin to represent her on appeal.

Doc. 31.

Plaintiff’s

counsel Carol Avard, Mark V. Zakhvatayev and Craig Edward Polhemus have not
filed a motion to withdraw as counsel of record for Plaintiff.
Rule 4(a)(1) of the Federal Rules of Appellate Procedure states that if one of
the parties is a United States officer or employee sued in an official capacity, a party
may file a notice of appeal within 60 days from entry of judgment.
4(a)(1)(B).

Fed. R. App. P.

Here, the deadline to file a notice of appeal is January 22, 2018 because

judgment was entered on November 22, 2017.

Doc. 30; see id.

Rule 4(a)(5) of the Federal Rules of Appellate Procedure further states the
district court may extend the time to file a notice of appeal if a party seeks an
extension no later than 30 days after the time to appeal has expired and shows good

cause for an extension.

Fed. R. App. P. 4(a)(5)(A).

The court’s extension of time

may not exceed “30 days after the prescribed time or 14 days after the date when the
order granting the motion is entered, whichever is later.”

Fed. R. App. P. 4(a)(5)(C).

Here, based on Plaintiff’s representations, the Court finds good cause for an extension
of time and will extend the deadline to file a notice of appeal to February 21, 2018.

See Fed. R. App. P. 4(a)(5)(A). The Court reminds Plaintiff that pursuant to the
Federal Rules of Appellate Procedure, Plaintiff may not obtain any further extension
of time to file a notice of appeal.

See Fed. R. App. P. 4(a)(5)(C).

In addition, the Court notes Plaintiff’s counsel have not moved to withdraw as
counsel of record, although Plaintiff represents she retained another attorney to
represent her and filed the present motion pro se.

Doc. 31.

Pursuant to the Local

Rules of this Court, “no attorney, having made a general appearance under subsection
(a) of [Local Rule 2.03] shall thereafter abandon the case or proceeding in which the
appearance was made, or withdraw as counsel for any party therein, except by
written leave of Court obtained after giving ten (10) days’ notice to the party or client
affected thereby, and to opposing counsel.”

M.D. Fla. Rule 2.03(b).

Accordingly,

the Court will direct Plaintiff’s counsel to comply with Local Rule 2.03(b) if they seek
to withdraw as counsel of record for Plaintiff, or notify the Court if counsel continue
to represent Plaintiff.

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ACCORDINGLY, it is hereby
ORDERED:
1.

Plaintiff’s Motion for Extension of Time to File a Notice of Appeal (Doc. 31)

is GRANTED.

Plaintiff shall have up to and including February 21, 2018 to file a

notice of appeal.
2.

Plaintiff’s counsel shall have up to and including February 5, 2018 to

comply with Local Rule 2.03(b) if they seek to withdraw as counsel of record for
Plaintiff, or notify the Court if counsel continue to represent Plaintiff.
DONE and ORDERED in Fort Myers, Florida on this 22nd day of January,
2018.

Copies:
Counsel of record
Unrepresented parties
Carol Avard, Esq.
Mark V. Zakhvatayev, Esq.
Craig Edward Polhemus, Esq.

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