Opinion
Civil Action No. 11-cv-02657-WYD-KLM
05-10-2012
HOMER K. WARNER; BETTY S. WARNER; and COREY WARNER, Plaintiffs, v. CITIMORTGAGE, INC., Defendant.
Chief Judge Wiley Y. Daniel
ORDER
THIS MATTER is before the Court on Plaintiffs' Motion for Extension of Time to File Notice of Appeal, filed May 7, 2012 [ECF No. 23]. Final Judgment entered in this case on March 14, 2012, and pursuant to Fed. R. App. P. 4(a)(1)(A), Plaintiffs had until April 13, 2012, to file their Notice of Appeal. The district court may grant an extension of time for the filing of a Notice of Appeal under Rule 5(A) if the request for extension is made no later than thirty days after the time prescribed by Rule 4(a) expires, and where a party demonstrates good cause or excusable neglect. Here, the request for extension was made within thirty days after the time for filing the Notice of Appeal expired.
In the instant motion, Plaintiffs state that their counsel, who is a solo practitioner, became extremely ill requiring surgery and did not work for a period of approximately 3- 4 weeks. I note that there is no information in the motion as to the date of Plaintiffs' counsel's surgery and recovery. However, under these circumstances I will find that Plaintiffs have established good cause for an extension of time.
Therefore, it is hereby
ORDERED that Plaintiffs' Motion for Extension of Time to File Notice of Appeal, filed May 7, 2012 [ECF No. 23] is GRANTED and the Notice of Appeal filed May 7, 2012, shall be deemed timely.
BY THE COURT:
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Wiley Y. Daniel
Chief United States District Judge