Red Carpet Rent A Car, LLC et al v. Avis Budget Rent A Car System, Inc. et al

Filing 50

ORDER entered DENYING 49 MOTION Request for an Extension.(Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4)

United States District Court
Southern District of Texas

ENTERED
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
RED CARPET RENT A CAR, LLC, et al.,
Plaintiffs,
v.
AVIS BUDGET RENT A CAR SYSTEM,
INC., et al.,
Defendants.

§
§
§
§
§
§
§
§
§
§

March 06, 2018
David J. Bradley, Clerk

CIVIL ACTION NO. H-16-1791

ORDER DENYING SECOND MOTION TO EXTEND
Final judgment was entered on December 29, 2017. (Docket Entry No. 45). On January 24,
2018, the plaintiffs moved to extend their deadline to file a notice of appeal by 30 days. (Docket
Entry No. 47). The court granted the motion after finding good cause and extended the plaintiffs’
notice-of-appeal deadline to February 27. (Docket Entry No. 48).
One of the plaintiffs, Frances Ward, on behalf of herself and the other plaintiffs, filed a
second motion to extend on March 1. (Docket Entry No. 49). The motion argues that the plaintiffs
were not notified of the court’s first extension and asks for a second extension of between 30 and
45 days. Id. at 2.
A district court is not barred as a jurisdictional matter from extending a notice-of-appeal
deadline beyond the deadline set out in Federal Rule of Appellate Procedure 4(a)(5)(C). See Hamer
v. Neighborhood Hous. Servs. of Chicago, 138 S. Ct. 13, 21–22 (2017) (Rule 4(a)(5)(C)’s 30-day
limit on notice-of-appeal deadlines is a mandatory claim-processing rule, not a jurisdictional appealfiling deadline). But the court is jurisdictionally barred from extending the time for appeal unless
the motion to extend is “filed not later than 30 days after the expiration of the time otherwise set for
bringing appeal.” 28 U.S.C. § 2107(c); FED. R. APP. P. 4(5)(A)(I). The deadline for a motion to

extend the notice-of-appeal in this case was 60 days after the December 29, 2017 final-judgment
entry, or February 27, 2018.
Ward filed the second motion to extend on March 1, 2018. That is beyond the 60-day period.
The motion to extend is denied. (Docket Entry No. 49).
SIGNED on March 6, 2018, at Houston, Texas.

______________________________________
Lee H. Rosenthal
Chief United States District Judge