Brown v. Brennan

Background

Judgment was entered on March 26, 2021. Plaintiff Misty Danielle Brown moved for an extension of time to file a notice of appeal. Brown was proceeding without a lawyer. She said she had researched the Ninth Circuit Court of Appeals website but was confused about the deadline and believed she had 90 days to file the notice.

Legal standard

A notice of appeal generally was due within 60 days after entry of judgment. Under Federal Rule of Appellate Procedure 4(a)(5), the court could extend that deadline if the request was filed within 30 days after the appeal deadline and the party showed excusable neglect or good cause. Excusable neglect is evaluated using factors that include possible prejudice to the other party, the length and effect of the delay, the reason for the delay and whether it was within the moving party’s control, and whether the party acted in good faith.

Court’s analysis

The court found that Brown’s request was timely. It also found that she appeared to have acted in good faith by filing the motion the day after learning of her mistake. The extension would cause minimal delay and there was no apparent prejudice to Brennan. The court noted that Brown’s motion did not explain the specific reasons for her confusion, and it also noted that Brown had previously received several extensions before judgment. Nevertheless, the court exercised its discretion to grant the request.

Result

The court granted Brown’s motion for an extension of time. The deadline to file the notice of appeal was July 12, 2021. The order disposed of Docket No. 74.