Zhang v. Zhang

Background

On March 26, 2021, the court adopted, with modifications, a magistrate judge’s recommendation concerning the parties’ requests for attorneys’ fees and costs. Plaintiffs were awarded $100,203.64, and Defendants were awarded $67,802.94.

On May 4, 2021, Plaintiffs and their counsel moved for an extension of the deadline to file a notice of appeal under Federal Rule of Appellate Procedure 4(a)(5). Counsel said he received the order but did not notice it because the email was placed in his “Promotions” folder, which he described as similar to a spam folder. Counsel also said an injury prevented him from checking email for several days after the order was issued.

Legal standard

Rule 4(a)(5) allows a district court to extend the appeal deadline only if the party shows either “excusable neglect” or “good cause.” Excusable neglect applies when there was fault that can be excused; good cause applies when there was no fault. The court explained that the relevant circumstances include whether the reason for the delay was within the party’s reasonable control.

Court’s reasoning

The court held that Plaintiffs did not show excusable neglect. Counsel’s failure to check the Promotions folder for more than a month did not meet that standard. The court also held that Plaintiffs did not show good cause. Even if delivery of the email to that folder was outside counsel’s control, access to the email in the folder was within his control, as shown by his ability to find the email on May 3, 2021.

Disposition

Judge Schofield denied Plaintiffs’ motion for an extension of time to file a notice of appeal. The Clerk of Court was directed to close Docket No. 334.