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Amalgamated Transit Union
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Order | Filed: April 24, 2024 | Entered: April 24, 2024 FULLER v. AMALGAMATED TRANSIT UNION LOCAL 880
Civil Rights: Jobs | New Jersey
Order ~Util - Set Hearings
TEXT ORDER: This matter comes before the Court upon a review of the docket. Parties are advised that a Telephone Conference has been scheduled for 11:15 a.m. on Monday, April 29, 2024. To participate, parties are directed to dial 888-684-8852 and when prompted, enter access code 1317475. So Ordered by Judge Robert Kirsch on 04/24/2024. (pdm)
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Order | Filed: April 17, 2024 | Entered: April 17, 2024 Bledsoe v. New York City Transit Authority et al
Civil Rights: Jobs | New York Eastern
Order on Motion for Extension of Time to File
ORDER denying 46 Motion for Extension of Time to File. Pro se Plaintiff moves for an extension of time to file his notice of appeal pursuant to Federal Rule of Appellate Procedure 4(a)(5). See ECF No. 46 . Plaintiff seeks to take an interlocutory appeal from the Court's Order granting just one Defendant's motion to dismiss. See ECF No. 36 (Order on Defendant Local 726's Motion to Dismiss); ECF No. 40 (March 12, 2024, Judgment). The Court previously ruled that pursuant to 28 U.S.C. § 1915(a)(3), any appeal from its Order would not be taken in good faith and therefore denied in forma pauperis status for the purposes of an appeal. See ECF No. 36 at 19. Plaintiff filed the instant motion on April 12, 2024, see ECF No. 46 , one day after his time to appeal the March 12, 2024, Judgment, expired, see Fed. R. App. P. 4(a)(1)(A).
In seeking an extension of time, Plaintiff states only that "[i]llness" prevented him from filing a timely notice of appeal. See ECF No. 46 . Under these circumstances, Plaintiff must establish that there is "excusable neglect" for his failure to timely appeal. See Alexander v. Saul, 5 F.4th 139, 142 (2d Cir. 2021). To make that determination, the Court considers the following factors: " 1 the danger of prejudice to the [non-movant], 2 the length of the delay and its potential impact on judicial proceedings, 3 the reason for the delay, including whether it was within the reasonable control of the movant, and 4 whether the movant acted in good faith." See id. (quoting Pioneer Inv. Servs. Co. v. Brunswick Assocs. Ltd. P'ship, 507 U.S. 380, 395 (1993)). "Because the requirement of filing a timely notice of appeal is mandatory and jurisdictional, [the Second Circuit] ha[s] taken a hard line in applying the Pioneer test for excusable neglect, explaining that where the rule is entirely clear, we continue to expect that a party claiming excusable neglect will, in the ordinary course, lose." See id. (quotations and internal citations omitted); see also id. at 152 (describing the Court's power to extend the time to appeal as "severely circumscribed" (quotation omitted)).
Even where, as here, the first, second, and fourth factors all favor Plaintiff, the third factor is entitled to "dispositive weight." See id. at 149. On the third factor, Plaintiff's generalized allegation of "[i]llness" does not establish excusable neglect. Although the Court reviews Plaintiff's submission in the light most favorable to him because of his pro se status, his failure to "provide any information or documentation regarding his illness" and to "explain why his illness rendered him unable to timely file a notice of appeal" still fails to constitute excusable neglect. See Epps v. City of Schenectady, No. 10-cv-1101, 2013 WL 4455621, at *3 (N.D.N.Y. Aug. 16, 2013) (denying pro se plaintiff an extension of time to appeal); see also Alexander, 5 F.4th at 150 (no abuse of discretion in denying extension of time to appeal where "record d[id] not compel the conclusion that [plaintiff]'s disabilities are so debilitating as to excuse... failure to prosecute a timely appeal"). Accordingly, Plaintiff's motion for an extension of time to file a notice of appeal, s... (truncated) -
Motion | Filed: April 16, 2024 | Entered: April 17, 2024 Abdulhussain v. Amalgamated Transit Union Local #1433
Civil Rights: Jobs | Arizona
Strike
MOTION to Strike 20 Reply to Response to Motion by Hameed Abdulhussain. (3 Pages) (REK)
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