Yehuda v. Zuchaer
- Valerie Caproni
- 1:21-cv-07092
- U.S. District Court · Southern District of New York
- 2
In Yehuda v. Zuchaer, Judge Caproni granted Yehuda’s request to seek more time to appeal the dismissal for lack of jurisdiction.
Plaintiff Avraham Yehuda, whose request for more time to seek an appeal was granted; the defendants were the nonmoving parties whose potential prejudice the court considered.
What happened
In Yehuda v. Zuchaer, Avraham Yehuda asked the court for more time to appeal an earlier order that dismissed the case because the court lacked jurisdiction. His attorney said the delay resulted from a medical condition beyond the attorney’s control.
The court said the 30-day period for requesting an extension ended on a weekend, so the deadline extended to Monday, August 22, 2022. It then considered the possible harm to the defendants, the length and effect of the delay, the reason for the delay, and whether Yehuda’s attorney acted in good faith.
The court found little risk of harm to the defendants, concluded that the approximately 30-day delay was unlikely to meaningfully affect court proceedings, and found that counsel acted in good faith and could not control the medical reason for the delay. Judge Valerie Caproni granted the application.
The detailed version
- Yehuda v. Zuchaer · No. 1:21-cv-07092
- Valerie Caproni
- Aug. 23, 2022
Background
The plaintiff, Avraham Yehuda, asked the court to extend his time to file a notice of appeal from the court’s June 21, 2022 order dismissing the case for lack of jurisdiction. The motion was made under 28 U.S.C. § 2107(c), which permits an extension for excusable neglect, meaning a delay that may be forgiven because of a reasonable circumstance beyond the party’s control.
Yehuda’s attorney stated that the delay resulted from a medical condition beyond the attorney’s control.
Court’s Analysis
The court explained that, under Federal Rule of Civil Procedure 6(c), the 30-day period for requesting an extension ran through Monday, August 22, 2022, because the final day of the period fell on Saturday, August 20, 2022. The court evaluated four factors: the risk of prejudice to the nonmoving party, the length of the delay and its effect on the proceedings, the reason for the delay and whether it was within the moving party’s control, and whether the moving party acted in good faith.
The court found little danger of prejudice, determined that the approximately 30-day delay was unlikely to meaningfully affect the proceedings, and found that Yehuda’s counsel acted in good faith. The court also found that the medical reason for the delay was not within counsel’s control.
Disposition
The court granted the application. The order extended through Monday, August 22, 2022, the 30-day window for requesting an extension of the time to file an appeal under 28 U.S.C. § 2107(c).
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.