Serfess v. Equifax Credit Information Service, LLC
692 F. App'x 102
| 3rd Cir. | 2017Background
- Plaintiff Joseph Serfess sued Equifax and Bank of America in 2013 under the Fair Credit Reporting Act; the District Court granted summary judgment for Bank of America and closed the case on August 24, 2016.
- The thirty-day appeal period began after entry of the August 24, 2016 final order; the appeal period expired September 23, 2016.
- Serfess mailed a notice of appeal on September 24, 2016 (received September 26, 2016), which the Court of Appeals treated as untimely and dismissed for lack of jurisdiction.
- After being notified, Serfess moved in district court for an extension of time to file a notice of appeal, claiming he had a job and did not track the rules daily and noting the courthouse was closed on Saturday, September 24.
- The District Court denied the extension for lack of good cause or excusable neglect; Serfess appealed that denial to the Third Circuit.
- The Third Circuit reviewed the district court’s denial for abuse of discretion and affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court abused its discretion in denying Serfess an extension of time to file a late notice of appeal (good cause / excusable neglect) | Serfess argued he needed more time because of work commitments and claimed courthouse closure affected filing | The district court (and appellees) argued Serfess failed to show good cause or excusable neglect; his explanations (work, courthouse closure, miscalculation) insufficient | Affirmed: no good cause or excusable neglect shown; denial not an abuse of discretion |
| Whether Serfess’s notice of appeal was timely because the district court miscounted the appeal period (counting the entry date) | Serfess asserted the district court improperly counted August 24 and that mailing on Sept 24 (received Sept 26) was timely | The court explained the appeal period begins the day after entry; final day was Sept 23, 2016, so his filing was late | Court agreed the district court properly calculated the deadline and the notice was untimely |
Key Cases Cited
- Ragguette v. Premier Wines & Spirits, 691 F.3d 315 (3d Cir. 2012) (standard of review for district court’s extension decision)
- Joseph v. Hess Oil Virgin Islands Corp., 651 F.3d 348 (3d Cir. 2011) (consequences of failing to show good cause for late filing)
- Pioneer Inv. Serv. Co. v. Brunswick Assocs. Ltd. P’ship, 507 U.S. 380 (1993) (ordinary negligence, ignorance of rules, or miscalculation do not usually constitute excusable neglect)
- Kost v. Kozakiewicz, 1 F.3d 176 (3d Cir. 1993) (arguments not raised in opening brief are waived)