Britware Consulting, Inc. v. Con-Tech Manufacturing, Inc.

Background

The court had granted Con-Tech Manufacturing, Inc.’s motion to dismiss Britware Consulting, Inc.’s complaint on March 26, 2021, and dismissed the complaint without prejudice. This order addressed only the deadline for filing an appeal.

Request for More Time

Steve Allen submitted a letter request on Britware’s behalf without citing a specific rule. The record did not clearly establish Allen’s relationship to Britware. The court treated the filing liberally but noted that a corporation cannot appear in federal court without a licensed attorney.

Allen stated that Britware’s counsel had died while in the process of filing an appeal and that he was locating an attorney to represent Britware. The deadline for filing a notice of appeal was April 25, 2021. Under the applicable appellate rule, the court could extend that deadline if Britware showed good cause or excusable neglect. The court found that the death of Britware’s counsel during the limited appeal period was an exceptional circumstance supporting an extension.

Ruling

The court granted Britware a 30-day extension and ordered that Britware Consulting, Inc., may file a notice of appeal no later than May 25, 2021. The order did not revisit the earlier dismissal of Britware’s complaint.