Issawi et al v. American Education Services et al

Filing 47

MEMORANDUM AND ORDER, granting 46 MOTION for Extension of Time filed by Hanan Issawi, Wadie Issawi. Signed by Judge J. Phil Gilbert on 3/23/2018. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
WADIE ISSAWI and HANAN ISSAWI,
Plaintiffs,
v.

Case No. 17-cv-532-JPG-RJD

AMERICAN EDUCATION SERVICES,
Defendant.
MEMORANDUM AND ORDER
This matter comes before the Court on the motion of plaintiffs Wadie Issawi and Hanan
Issawi (collectively, “the Issawis”) for an extension of time to file a notice of appeal of the
Court’s March 14, 2018, judgment and order (Doc. 46).
Federal Rule of Appellate Procedure 4 sets forth the timing rules relating to notices of
appeal. Rule 4(a)(1)(A) provides that, in a civil case, generally the notice of appeal must be filed
within 30 days of entry of the order from which the appeal is taken. The Court may extend the
time to file a notice of appeal if:
(i) a party so moves no later than 30 days after the time prescribed by this Rule
4(a) expires; and
(ii) regardless of whether its motion is filed before or during the 30 days after the
time prescribed by this Rule 4(a) expires, that party shows excusable neglect or
good cause.
Fed. R. App. P. 4(a)(5)(A). If these conditions are met, the Court may extend the deadline the
longer of either (1) 30 days beyond the original 30-day period or (2) 14 days after the order
granting the extension. Fed. R. App. P. 4(a)(5)(C). Even where both conditions are satisfied, the
decision to extend the deadline is at the Court’s discretion. See Garwood Packaging, Inc. v.
Allen & Co., 378 F.3d 698, 700 (7th Cir. 2004).

The Court hereby GRANTS the Issawis’ motion (Doc. 46) and ORDERS that their
appeal period is extended 30 days beyond the original appeal period, the maximum extension
this Court may give. Under the rules for counting time in Federal Rule of Civil Procedure 6, the
extended appeal period ends May 14, 2018.
IT IS SO ORDERED.
DATED: March 23, 2018
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE

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