Occidental Fire & Casualty Company of North Carolina v. Arthur Stanley St. Louis, Inc.

Filing 63

ORDER granting the defendant's 62 Motion for Extension of Time to File a Notice of Appeal. The defendant shall have an extension of time until September 4, 2013, to file a notice of appeal in this case. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA

OCCIDENTAL FIRE & CASUALTY
COMPANY OF NORTH CAROLINA,
8:11CV375
Plaintiff,
vs.

ORDER

ARTHUR STANLEY ST. LOUIS, INC.,
Defendant.
This matter is before the court on the defendant’s Motion for Extension of Time to
File a Notice of Appeal (Filing No. 62). On July 5, 2013, this court entered an order on
the parties’ cross motions for summary judgment and judgment in favor of the plaintiff.
The defendant filed the motion to extend on Monday, August 5, 2013. The defendant
states an extension of time is needed due to the “complexity of the several issues in this
case.”
Pursuant to the Federal Rules of Appellate Procedure a party may “appeal from a
judgment by a magistrate judge in a civil case . . . in the same way as an appeal from
any other district court judgment.” Fed. R. App. P. 3(a)(3). “An appeal permitted by law
as of right from a district court to a court of appeals may be taken only by filing a notice
of appeal with the district clerk within the time allowed by Rule 4.” Fed. R. App. P.
3(a)(1). Rule 4 requires the appealing party to file the notice of appeal “with the district
clerk within 30 days after the judgment or order appealed from is entered.” Fed. R. App.
P. 4(a)(1)(A). The district court may extend the time to file a notice of appeal upon a
showing of “excusable neglect or good cause” (Fed. R. App. P. 4(a)(5)(A)(ii)), except
that “[n]o extension under this Rule 4(a)(5) may 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)(A), (C). Under these rules, the defendant has timely
filed the motion for an extension of time and has shown good cause. Accordingly,

IT IS ORDERED:

1.

The defendant’s Motion for Extension of Time to File a Notice of Appeal

(Filing No. 62) is granted.
2.

The defendant shall have an extension of time until September 4, 2013,

to file a notice of appeal in this case.
Dated this 7th day of August, 2013.
BY THE COURT:

s/ Thomas D. Thalken
United States Magistrate Judge

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