Maduke v. Capital One Financial Corporation et al
Filing
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MEMORANDUM OPINION. Signed by Judge George Jarrod Hazel on 5/10/2017. (c/m 5/11/2017 aos, Deputy Clerk)
IN THE UNITED STATES DISTRICT COURT
FOR TIlE DISTRICT OF MARYLAND
Southern m"isioll
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NGOZI MADUKWE,
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Plaintiff,
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Case No.: G.JH-16-7()7
CAPITAL ONE
FINANCIAL CORPORATION, £'f'II.,
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Defendants.
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MEMORANDUM OPINION
I'laintiffNgozi
Court's
dismissal
unncccssary.
ofhcr
Madukwc
moves f(lr an extcnsion
e1aims in the abovc-referenccd
oftimc
to Iilc an appcal from thc
case. ECF No. 27. A hcaring is
Loc. R. 105.6 (D. Md. 2016). For the rcasons statcd below. thc Court will grant
I'lainti ff s motion.
I.
DISCUSSION
Thc timely Iiling of a not icc of appcal is "mandatory
!Jallkillg & hilS/ Co.. No. CY [1.11-13-1968.
(citing Blldillich
\'. Bee/Oil /)ickin,wI
and jurisdictional."
2016 WI. 4492706.
& Co.. 486 U.S. 196.203
Ward \'. !Jrallch
at *2 (I). Md. Aug. 25. 2016)
(1988)). Pursuant to Fcd. R. App.
P. 4(a)( I )(A). a party must file a notice of appcal as rcquircd by Fcd. R. App. P. 3 within 30 days
alicr the cntry of the District Court's final judgmcnt.
unlcss the District Court cxtcnds thc appcal
pcriod undcr Fcd. R. App. 1'. 4(a)(5). or reopcns the appcal pcriod undcr Fed. R. App. 1'. 4(a)(6).
Undcr Fed. R. App. P. 4(a)(5). thc District Court may cxtcnd thc timc to file a notice of appcal if
a party moves i()r an "cxtcnsion
of tim c" at a timc "no latcr than 30 days alier thc timc
prescribed
by this Rule 4('1) expires:'
good cause:'
4(a)(5)(A)(i).
and ..that party shows excusable
4(a)(5)(A)(ii).
Here. Plaintiffs
time to file a notice of appeal expired on April 24. 2017. PlaintilTthen
had until May 24. 2017 to move for an extension
cause pursuant
to Rule 4(a)(5)(A)(ii).
of time based on excusable
Because Plaintiff
2017. the Court tinds that her Motion for an Extension
Next. the Court must consider
Procedure
interchangeable:'
Amendments
reflect. these standards
citations
tiled the instant motion on April 25.
of Time was timely filed.
omitted).
Committee's
ECF No. 27
Notes to the Federal Rules of
occupy ""different domains"
Fed. R. App. P. 4(a)(5)(A)(ii).
(internal
neglect or good
whether or not Plaintiff has offered a showing of excusahle
neglect or good cause for the delay. As the Advisory
Appellate
neglect or
advisory committee's
The Committec
and are ""not
note to 2002
turther explained
that.
ItJhe excusable neglect standard applies in situations in which there is finl1t: in
such situations. the need for an extension is usually occasioned by something
within the control of the movant. The good cause standard applies in situations in
which there is no fault -- excusable or otherwise. In such situations. the need for
an extension is usually occasioned by something that is not within the control of
the movant.
Id To illustrate the difference
in the standards.
the Committee's
notes describe a situation
the postal service failed to deliver a notice of appeal. Id. In that situation.
excusable
linds that excusable
at all:' Id.
of her time to file an appeal because ofa
death in her family on the date of the appeal deadline.
because.
good cause rather than
neglect would apply because ... the movant may not have been neglectful
Here. Plaintiff requests a one day extension
where
ECF No. 27. In this situation.
neglect rather than good cause is the appropriate
standard
while a death in her ti1l11ilywas both tragic and outside Plaintiffs
to wait until thc last day possible to filc her appeal was within her control.
2
the Court
to employ
control. her decision
Excusable
prejudice
to the non-movant:
proceedings:
the movant:
1'.
[inquiry]:'
taking into eonsideration"(
(2) the length of the delay and its potential
(3) the reason fi)r the delay. including
impact on judicial
whether it was in the reasonable
2014 WL 5023214.
control of
I'illlleer 1111'.
Sen's.
at '" 1-2 (D, Md. Oct. 7. 2014 ) (quoting
I3nll1.mick Assocs. Ltd I"shil', 507 U,S, 380.395
(1993)) (alteration
in the original).
The
that. "laJs a general rule. the first two I'iolleer factors will favor the
Fourth Circuit has explained
moving party because the time limits inherent in Rule 4(a)(5) necessarily
any prejudice
I) the danger of
the movant acted in good faith:' Shiller \', I'rillce Gellrge\' Oy .. No,
and (4) \dlether
PWG-13-3373.
Co.
neglect is an "equitable
minimize
the extent of
or delay" and the fOUl1h factor. good faith is "seldom at issue:' S)'II1biollics Illc.
1'.
Ortlieb. 432 F. i\pp'x 216. 219 (4th Cir. 2(11) (citing Silimllch \', Celebrity Cruises, IlIc.. 333
F.3d 355. 366 (2d Cir. 2003)), Thus. the reason for the delay is the "most important"
Court to consider.
Shiller. 2014 WL 5023214, at
* 1-2 (quoting
issue for the
Thompsoll \'. £.1. DIIl'lIlIt de
Nemollrs &- Co.. 76 FJd 530. 534 (4th Cir. 1996)), and"a district court should find excusable
neglect only in the extl'llllrdillll/)' cases where injustiec would otherwise
432 F. App'x at 220 (emphasis
As explained
above. Plaintiff states that a death in her family caused her to file her notice
her request for an extension
of time one day alier
of the appeal period. which was also only one day alier the death in her fllll1ily that
caused the delay.
Thus. this is not a situation
become unresponsive.
542.548
Symhillllics IlIc..
in the original),
of appeal one day late, Further. Plaintiffliled
thc expiration
result:'
delaying
where a party suffered a personal tragedy and then
court proceedings.
See lIarrillgtoll \'. City o(Chicagll. 433 F.3d
(7th Cir. 2006) (death in Illll1ily not an excuse when counsel"kept
the dark" during discovery
proceedings.).
Ilere, Plaintiffaetcd
to Unf(lreSeen evcnts, Thus. while it would havc been prudent
,
.>
opposing
as quickly as possible
lill' I'laintifTto
counsel in
in response
have planned to lile
her appeal more promptly. the Court tinds that she has made a suf1icient showing of excusable
neglect and thus. will allow her to file her notice of appeal one day late. See Jones
1'.
0ianlof'
Mwy/and. LLC, No. CIV.A.DKC 08-0304. 2010 WL 3677017. at *7 (D. Md. Sept. 17.2010)
(granting motion to extend time due to the recent passing of counsel's family member and the
minimal delay incurred by late tiling).
II.
CONCLUSION
For the foregoing reasons. Plaintiffs
Motion to Extend Appeal Deadline. ECF No. 27. is
granted. A separate Order follows.
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Dated: Mav 10.2017
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Gf:ORGE J. HAZEL
United States District Judge
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