BRIGHT v. LABCORP

Filing 42

MEMORANDUM ORDER granting Plaintiff's request for an extension of time to file an appeal until 3/27/2015. Signed by Judge Michael A. Shipp on 3/18/2015. (eaj)

NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

JENNIFER BRIGHT,
Civil Action No. 12-2359 (MAS) (LHG)
Plaintiff,

MEMORANDUM ORDER

v.
LABCORP, et al.,
Defendants.

This matter comes before the Court on Plaintiff Jennifer Bright's request for an extension
of time to appeal this Court's entry of judgment in favor Defendant Laboratory Corporation of
America Holdings ("LabCorp").

LabCorp' s motion for summary judgment was granted on

November 30, 2014. (ECF Nos. 39, 40.)

Plaintiff~

on January 29, 2015, filed correspondence with

the Court requesting an extension. (ECF No. 41.) LabCorp has not opposed the request.
Rule 4(a) of the Federal Rules of Appellate Procedure sets forth strict timing requirements
for the appeal of a civil case in federal district court. Rule 4(a) allows a litigant thirty days to file
a notice of appeal with the district clerk after the entry of an order or judgment. Fed. R. App. P.
4(a)(l)(A). "However, the district courts do 'have limited authority to grant an extension of the
[thirty]-day time period.'" Ragguette v. Premier Wines & Spirits, 691F.3d315, 323 (3d Cir. 2012)
(citing Bowles v. Russell, 55 l U.S. 205, 208 (2007)). Rule 4 also allows a party to move for an
extension of the thirty-day time limit, if that party so moves within thirty days of the expiration of
the time to appeal and '"shows excusable neglect or good cause." Fed. R. App. P. 4(a)(5).
Here, although Plaintiff has not offered any justification for her failure to file a notice of
appeal within the required timeframe other than her pro se status, the Court will allow Plaintiff a

brief extension to file a notice of appeal. Indeed, Plaintiff's failure to appeal within the requisite
timeframe "reflects professional incompetence such as ignorance of the rules of procedure."

Consolidated Freightways Corp. v. Larson, 827 F.2d 916, 919 (3d Cir. 1987) (discussing nonexhaustive list of factors relevant to finding excusable neglect). Accordingly,

. / f1.{

IT IS on this/~ day of March 2015, ORDERED that:
1.

Plaintiffs request for an extension to file an appeal (ECF No. 41) is GRANTED;
and

2.

Plaintiff has until March 27, 2015, to file a notice of appeal.

smlP

MICHAEL A.
UNITED STATES DISTRICT JUDGE

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