Opinion
No. 13-CV-01236 (FB) (RML)
06-16-2015
GARY BEAUVIOR and HUSBENE BEAUVIOR, on behalf of themselves and all other similarly situated customers, Plaintiffs, v. DAVID M. ISRAEL, Defendant.
MEMORANDUM AND ORDER
BLOCK, Senior District Judge:
Defendant seeks reconsideration of the Court's order granting plaintiffs' motion to file a notice of appeal out of time pursuant to Federal Rule of Appellate Procedure 4(a)(5). The Court adheres to its conclusion that the illness of plaintiffs' appellate counsel and flood damage to trial counsel's calendar constitute "excusable neglect or good cause" for their failure to file a notice of appeal within the prescribed time. Accordingly, the motion for reconsideration is denied.
SO ORDERED.
/s/_________
FREDERIC BLOCK
Senior United States District Judge
Brooklyn, New York
June 16, 2015