MacEachern v. Quicken Loans Inc. et al

Filing 91

ORDER granting plaintiff's motion for time extension to file an appeal re 90 Appeal Order of Remand from 6USCA No. 17-1005 and 88 MOTION filed by Hugh MacEachern. Signed by District Judge George Caram Steeh. (MBea)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION HUGH MacEACHERN, Plaintiff, CASE NO. 15-CV-12448 HON. GEORGE CARAM STEEH v. QUICKEN LOANS INC., and TITLE SOURCE, INC., Defendants. / ORDER GRANTING PLAINTIFF’S MOTION FOR TIME EXTENSION TO FILE AN APPEAL Pro se plaintiff Hugh MacEachern filed his notice of appeal late. The notice of appeal was due to be filed on or before December 30, 2016. Plaintiff attempted to file his notice of appeal on that date, which was the Friday before the New Year’s holiday, but the court was closed until Tuesday, January 3, 2017, which is when he eventually filed his notice of appeal. The Sixth Circuit remanded the case to this court to determine whether plaintiff has shown excusable neglect or good cause to warrant an extension of time for filing his notice of appeal. The December 30, 2016 closure of the court was by an order of the Chief Judge of this district and was not well publicized. -1- Accordingly, plaintiff has shown excusable neglect or good cause for his delay pursuant to Federal Rule of Appellate Procedure 4(a)(5)(A)(i)-(ii), and plaintiff’s motion for a time extension to file his notice of appeal is GRANTED. IT IS SO ORDERED. Dated: February 2, 2016 s/George Caram Steeh GEORGE CARAM STEEH UNITED STATES DISTRICT JUDGE CERTIFICATE OF SERVICE Copies of this Order were served upon attorneys of record on February 2, 2016 by electronic and/or ordinary mail and also on Hugh MacEachern, 22126 Hayes Street, Taylor, MI 48180-2422. s/Marcia Beauchemin Deputy Clerk -2-

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