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LLC v. Shushok & McCoy, Inc.

United States District Court, D. Nevada

May 14, 2014

WMCV Phase 3, LLC, Plaintiff,
v.
Shushok & McCoy, Inc., et al., Defendants.

ORDER

GLORIA M. NAVARRO, Chief District Judge.

Before the Court is WMCV Phase 3, LLC ("WMCV")'s Motion to Extend Time to File Appeal (ECF No. 225), to which Global Accents, Inc. ("Global Accents"), has filed an opposition (ECF No. 230), and WMCV has filed a Reply (ECF No. 236).

I. BACKGROUND

On December 27, 2013, the Court entered its Order of judgment after the bench trial between WMCV and Global. (ECF No. 209.) Three days later, on December 30, 2013, the Clerk of the Court entered Judgment accordingly. (ECF No. 210.)

On February 5, 2014, WMCV filed its Notice of Appeal (ECF No. 221). On February 13, 2014, WMCV filed the instant Motion to Extend Time to File Appeal (ECF No. 225) after the Ninth Circuit appellate panel indicated that the time to file an appeal had elapsed. Specifically, the Ninth Circuit panel stated:

A review of the record suggests that this court may lack jurisdiction over the appeal because the notice of appeal was not filed within 30 days after the district court's judgment entered on December 30, 2013. See 28 U.S.C. ยง 2107(a); Fed. R. App. P. 4(a)(1)(A). Within 21 days after the date of this order, appellant shall move for voluntary dismissal of the appeal or show cause why it should not be dismissed for lack of jurisdiction. If appellant elects to show cause, a response may be filed within 10 days after service of the memorandum. If appellant does not comply with this order, the Clerk shall dismiss this appeal pursuant to Ninth Circuit Rule 42-1. Briefing is suspended pending further order of the court.

WMCV Phase 3, LLC v. Global Accents, Inc., No. 14-15223 (Ninth Cir. Feb. 12, 2014). On May 12, 2014, the Ninth Circuit panel dismissed the appeal for lack of jurisdiction. WMCV Phase 3, LLC v. Global Accents, Inc., No. 14-15223 (Ninth Cir. May 12, 2014).

II. LEGAL STANDARD

The Federal Rules of Appellate Procedure generally require that a notice of appeal be filed "within 30 days after entry of the judgment or order appealed from." Fed. R. App. P. 4(a)(1)(A). Certain types of motions may toll the deadline to file an appeal, as described in Rule 4(a)(4), "Effect of a Motion on a Notice of Appeal":

(A) If a party timely files in the district court any of the following motions under the Federal Rules of Civil Procedure, the time to file an appeal runs for all parties from the entry of the order disposing of the last such remaining motion:
(i) for judgment under Rule 50(b);
(ii) to amend or make additional factual findings under Rule 52(b), whether or not granting the motion would alter the judgment;
(iii) for attorney's fees under Rule 54 if the district court extends the time to ...

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