Deezia v. City of Lincoln et al

Filing 100

MEMORANDUM AND ORDER - Defendants' unopposed Motion for Extension of Time to File Defendants' Notice of Appeal (Filing No. 98 ) is granted. The deadline for filing Defendants' Notice of Appeal is extended to December 14, 2018. Ordered by Senior Judge Richard G. Kopf. (LKO)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
BARINE DEEZIA,
Plaintiff,
v.
GREGORY GRAHAM, Lincoln
Police Department Officer, AARON
PETH, Lincoln Police Department
Officer, TREY WAYNE, Lincoln
Police Department Officer,
ANDREW WINKLER, Lincoln
Police Department Officer, MARK
MOORE, Lincoln Police Department
Officer, PATRICK MURPHY,
Lincoln Police Department Officer,
and JASON DRAGER, Lincoln
Police Department Officer,
Defendants.

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4:17CV3033

MEMORANDUM
AND ORDER

Counsel for Defendants has filed a Motion for Extension of Time to File
Defendants’ Notice of Appeal (Filing No. 98). Plaintiff does not object to Defendants’
motion. (Filing No. 99).
On November 29, 2018, Defendants filed their Notice of Appeal (Filing No. 93)
from this court’s October 29, 2018, Memorandum and Order (Filing No. 91) denying
in part Defendants’ Motions for Summary Judgment based on qualified immunity.
Defendants’ counsel represents that she received a letter from the Clerk of the Eighth
Circuit Court of Appeals on December 4, 2018, advising her that her appeal was
untimely.

Federal Rule of Appellate Procedure 4(a)(5)(A) allows the district court to
extend the 30-day deadline 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.”
Defendants’ counsel filed her Motion for Extension of Time to File Defendants’
Notice of Appeal within the time frame allowed by Fed. R. App. P. 4 and has shown
excusable neglect or good cause through a supporting affidavit stating that counsel
miscalculated the appeal deadline by one day and describing several competing
deadlines in counsel’s heavy caseload. Accordingly,
IT IS ORDERED:
1.
Defendants’ unopposed Motion for Extension of Time to File
Defendants’ Notice of Appeal (Filing No. 98) is granted;
2.
The deadline for filing Defendants’ Notice of Appeal is extended to
December 14, 2018.
DATED this 6th day of December, 2018.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge

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