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Goldweber Epstein
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Order | Filed: January 07, 2015 | Entered: January 07, 2015 Garmhausen et al v. United States Department of Justice et al
Other Statutory Actions | New York Eastern
Order(Other)
CORRECTED ORDER re 243 The court lacks jurisdiction to grant the extension of time to appeal sought by plaintiff's proposed motion. Under Federal Rule of Appellate Procedure 4(a)(1)(B), plaintiff was required to file a notice of appeal within 60 days of entry of judgment in this case on August 21, 2014. Under Rule 4(a)(5), the court would have been permitted, upon a showing of good cause or excusable neglect, to extend the time to file a notice of appeal had the plaintiff so moved within 30 days after the expiration of the 60-day period. Because the 30-day grace period expired some six weeks ago, however, the court is without jurisdiction to grant any extension. See Cohen v. Empire Blue Cross and Blue Shield, 142 F.3d 116, 118 (2d Cir. 1998). Ordered by Judge Allyne R. Ross on 1/6/2015. (Craig, Matthew)
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Order | Filed: January 06, 2015 | Entered: January 06, 2015 Garmhausen et al v. United States Department of Justice et al
Other Statutory Actions | New York Eastern
Order(Other)
ORDER re 243 The court lacks jurisdiction to grant the extension of time to appeal sought by defendant's proposed motion. Under Federal Rule of Appellate Procedure 4(a)(1)(B), defendant was required to file a notice of appeal within 60 days of entry of judgment in this case on August 21, 2014. Under Rule 4(a)(5), the court would have been permitted, upon a showing of good cause or excusable neglect, to extend the time to file a notice of appeal had the defendant so moved within 30 days after the expiration of the 60-day period. Because the 30-day grace period expired some six weeks ago, however, the court is without jurisdiction to grant any extension. See Cohen v. Empire Blue Cross and Blue Shield, 142 F.3d 116, 118 (2d Cir. 1998). Ordered by Judge Allyne R. Ross on 1/6/2015. (Craig, Matthew)
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Misc | Filed: January 05, 2015 | Entered: January 05, 2015 Garmhausen et al v. United States Department of Justice et al
Other Statutory Actions | New York Eastern
Letter
Letter by Patrick B. Garmhausen (Frishberg, Aaron)
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