Qin v. KNTV Television LLC

Background

Baiting Jiang began the related dispute about four-and-a-half years before this order. Lanjiao Qin was later added as a plaintiff. Qin and Jiang initially proceeded without lawyers, and attorney Reshma Kamath later represented them. The District subsequently disbarred Kamath, after which Qin and Jiang again proceeded without lawyers.

Judge Laurel Beeler later severed Qin’s claims into this separate action and recommended dismissing them for lack of standing. Qin did not object. After reviewing the recommendation, the court dismissed Qin’s claims without leave to amend. The Clerk entered judgment on February 21, 2025.

Qin filed a notice of appeal more than three months later. The Ninth Circuit dismissed the appeal as untimely because the notice was filed more than 30 days after judgment, and the appellate mandate later issued. Qin then moved under Federal Rule of Appellate Procedure 4(a)(6) to reopen her time to appeal.

Rule and Analysis

Rule 4(a)(6) permits a district court to reopen the time to appeal for 14 days after the reopening order is entered if three conditions are met:

The court found that Qin satisfied all three conditions. Qin represented that she did not receive notice of the February 21 judgment within 21 days. Although the docket showed that orders and the judgment had been mailed to her, the court found it likely that she did not pay attention to them because she believed Kamath was handling the case. Qin also represented that Kamath had not told her about the disbarment and that medical conditions impaired her ability to understand the proceedings and handle the case herself.

Qin did not specify when she ultimately received notice of the judgment, but she stated in her motion that she received notice within 14 days before filing the motion. Because Qin was proceeding without a lawyer, the court accepted that statement as a representation in her declaration. The court also found no prejudice because the defendants had not yet appeared in the action.

Disposition

Judge Rita F. Lin granted Qin’s motion to reopen the time to file an appeal. The court set September 15, 2025, as the new appeal deadline, including three additional days allowed under Federal Rule of Civil Procedure 6(d). The order addressed only the deadline for filing an appeal, not the merits of Qin’s underlying claims.