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)

Download PDF
NOT FOR PUBLICATION UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY JENNIFER BRIGHT, Civil Action No. 12-2359 (MAS) (LHG) Plaintiff, MEMORANDUM ORDER v. LABCORP, et al.,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 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?