Price v. Hale Global et al
Filing
32
ORDER with respect to 31 Motion for Extension of Time to File. Defendants shall file any opposition to the motion for extension of time no later than January 31, 2025. No reply shall be filed absent prior leave of court. SO ORDERED. (Signed by Judge Jesse M. Furman on 1/27/2025) (tg)
United States District Court
Southern District of New York
Case No. 1:24-cv-2826-JMF
Plaintiff: Neal Price?
v.?
Defendants: Planck LLC
d/b/a Patch Media
(Patch.com), Hale Global
?
)
)
)
)
)
MOTION FOR EXTENSION OF TIME TO FILE NOTICE OF APPEAL
Plaintiff Neal Price, proceeding pro se, respectfully moves this Court for an
extension of time to file a notice of appeal pursuant to Federal Rules of Appellate
Procedure (FRAP) 4(a)(5). In support of this motion, Plaintiff states as follows:
Background: On December 6, 2024, this Court entered a judgment dismissing
Plaintiff's complaint. Under FRAP 4(a)(1), Plaintiff has 30 days from the entry of
judgment to file a notice of appeal. The deadline for filing the notice of appeal is
January 5, 2025.
Request for Extension: Plaintiff requests an extension of time to file the notice
of appeal due to excusable neglect and good cause. Plaintiff is homeless and living in
his car, hotels, and Airbnbs while working as a rideshare driver. These circumstances
have made it difficult for Plaintiff to focus on legal matters and to come up with the
filing fee in a timely manner.
Legal Standard: Under FRAP 4(a)(5), the district court may extend the time to
file a notice of appeal if a party moves for an extension no later than 30 days after the
time prescribed by Rule 4(a) expires and shows excusable neglect or good cause Diallo
v. United States, 2014 U.S. Dist. LEXIS 60839
Excusable Neglect and Good Cause: Plaintiff's homelessness and the need to
work as a rideshare driver to afford basic living expenses constitute excusable neglect
and good cause for the delay. These circumstances are beyond Plaintiff's control and
have significantly impacted his ability to focus on legal matters and gather the necessary
resources to file the notice of appeal.
Meritorious Grounds for Appeal: Plaintiff believes that the decision to dismiss
the complaint was incorrect and that appellate review is warranted. Plaintiff contends
that there should be a federal cause of action for defamation and that the article title was
inaccurate and not close to the gist of the situation. Plaintiff was never charged with
human trafficking, and the single publication rule should not apply to internet postings
where they are viewable at any time. There are other legal factors to be considered with
the decision as well.
Conclusion: For the reasons stated above, Plaintiff respectfully requests that this
Court grant an extension of time to file the notice of appeal. Plaintiff requests an
additional 30 days from the current deadline, extending the deadline to February 4,
2025.
Dated: January 26, 2025
Respectfully Submitted, ?
Defendants shall file any opposition to the motion for
extension of time no later than January 31, 2025.
No reply shall be filed absent prior leave of court.
SO ORDERED.
January 27, 2025
/s/ Neal Price
Neal Price
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