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Haygood v. Begue

United States District Court, W.D. Louisiana, Shreveport Division

November 13, 2018

RYAN HAYGOOD, ET AL.
v.
BRIAN BEGUE, ET AL.

          HORNSBY, MAGISTRATE Judge

          MEMORANDUM ORDER

          S. MAURICE HICKS, JR., CHIEF JUDGE.

         Before the Court is Defendants' Motion for Reconsideration. See Record Document 279. Defendants ask this Court to reconsider its Memorandum Order of July 10, 2018 (Record Document 278), which denied Plaintiffs' Motion for Reconsideration and granted Plaintiffs' Motion for Extension of Time to File a Notice of Appeal. Plaintiffs oppose the instant motion. See Record Document For the reasons set forth below, Defendants' Motion for Reconsideration (Record Document 279) is GRANTED.

         The parties do not dispute that March 22, 2018 was the deadline to file for reconsideration pursuant to Rule 59(e). Plaintiffs filed their Motion for Reconsideration under Rule 59(e) and 60(b) on March 23, 2018 - one day late under Rule 59(e). See Record Document 241. This Court denied Plaintiffs' Motion for Reconsideration under both Rule 59(e) and Rule 60(b). See Record Document 278.

         Plaintiffs had also asked the Court for an extension of time to file a notice of appeal pursuant to Federal Rule of Appellate Procedure 4(a)(5). See Record Document 274.

         The Court granted this motion, stating:

Here, the Court first notes that the Haygood Plaintiffs' Motion for Reconsideration under Rule 60(b) was timely filed and likely tolled the time delays for filing a notice of appeal. Notwithstanding, the facts and circumstances presented by the Haygood Plaintiffs in the instant motion constitute excusable neglect and/or good cause under Federal Rule of Appellate Procedure 4(a)(5)(A)(ii). Thus, to the extent it is necessary, the Motion for Extension of Time to File a Notice of Appeal (Record Document 274) is GRANTED.

         Record Document 278 at 2-3. Defendants now seek reconsideration of this ruling granting an extension of time to file a notice of appeal.

         In its July 10, 2018 ruling, this Court was mistaken as to the effect of filing a Rule 60(b) motion, as the comments to the rule provide:

Note to Subdivision (b). Application to the court under this subdivision does not extend the time for taking an appeal, as distinguished from the motion for new trial.

         F.R.C.P. 60, Advisory Committee Notes, 1937 Adoption (emphasis added). Moreover, in its ruling, this Court failed to address that Plaintiffs' motion to extend the time to file a notice of appeal was untimely. Appellate Rule 4(a)(5) states that a party must move for the extension of the time for filing a notice of appeal no later than 30 days after the time prescribed by Rule 4(a) expires.[1] Here, the Court finds that the deadline to file a notice of appeal was likely March 26, 2018, but no later than May 11, 2018.[2] Giving all benefit to Plaintiffs, any motion filed pursuant to Appellate Rule 4(a)(5) should have been filed no later than June 11, 2018. See Record Document 279-1 at 12, 15-16. Plaintiffs filed their motion for extension under Appellate Rule 4(a)(5) on June 27, 2018. Thus, such motion was untimely under the plain language of Rule 4(a)(5).

         The temporal limitation set forth in Appellate Rule 4(a)(5)(A)(i) is also codified in 28 U.S.C. § 2107. Section 2107 provides, in pertinent part:

(a) Except as otherwise provided in this section, no appeal shall bring any judgment, order or decree in an action, suit or proceeding of a civil nature before a court of appeals for review unless notice of appeal is filed, within thirty ...

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