Shukla v. Apple Inc.
- Jesse Furman
- 1:21-cv-03287
- U.S. District Court · Southern District of New York
- 1
In Shukla v. Apple, Judge Furman denied Deloitte’s request to dismiss Shukla’s notice of appeal, despite questioning its timeliness and finality.
Deloitte Consulting LLP’s application was denied, and the district court did not dismiss or strike Ashu Shukla’s notice of appeal. The opinion does not state what action the appellate court would take.
What happened
In Shukla v. Apple Inc., Deloitte Consulting LLP asked the court to dismiss Ashu Shukla’s notice of appeal as untimely.
The court said it was inclined to agree that the notice was invalid because it was untimely and concerned a non-final order. But the court questioned whether a district court has authority to dismiss or strike a defective notice of appeal.
Judge Jesse M. Furman denied Deloitte’s application. The order did not decide whether the notice of appeal was ultimately valid or whether the appeal could proceed.
The detailed version
- Shukla v. Apple Inc. · No. 1:21-cv-03287
- Jesse Furman
- Jan. 3, 2022
Background
Ashu Shukla filed a notice of appeal on December 17, 2021. On December 23, 2021, defendant Deloitte Consulting LLP sent the court a letter asking it to dismiss the notice as untimely.
Court’s Analysis
The court stated that it was inclined to agree that the notice of appeal was invalid for two reasons: it was untimely, and the order involved was not final. The court also cited authority stating that a decision by a district judge not to disqualify himself ordinarily can be reviewed only after a final decision in the underlying case.
Despite those concerns, Deloitte had not cited authority showing that a district court has jurisdiction—the legal power to act—to dismiss or strike an untimely or otherwise defective notice of appeal. The court found that several federal appellate courts had indicated that district courts lack that authority, and it located a legal reference stating that a district court has no power to strike a notice of appeal.
Disposition
The court denied Deloitte’s application. The order did not determine whether Shukla’s notice of appeal was valid or whether the appeal would proceed in the appellate court.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.