Background
On May 4, 1999, the district court granted defendants’ motion to dismiss, ruling that the alleged violations of the False Claims Act reported by plaintiff to the government had been previously publicly disclosed, and the district court therefore lacked subject matter jurisdiction under 31 U.S.C. § 3730(e)(4)(A). Judgment was entered by the Clerk on May 12, 1999. On May 27, 1999, McAllan filed a motion for reargument and for leave to file an amended complaint.
According to appellant’s post-argument letter brief and attachments thereto, on September 9, 1999, appellant’s counsel “dispatched an associate” to the office of the Clerk of the District Court for the Southern District of New York to ascertain the status of the motion for reconsideration, thereafter learning that McAllan’s motion had been denied approximately two months previously. McAllan’s counsel informed Judge Knapp by letter, stamped “Received” on September 14, 1999, of his belated notice of the ruling, requesting that the decision on the motion for reargument be re-issued in order to allow reinstatement of the appeal. By order dated September 15, 1999 and file-stamped September 21, 1999, Judge Knapp acceded to the request, noting that “[pjlaintiff s counsel now applies, in a letter dated September 12, to re-issue our Order denying the motion to reargue so that appeal can be re-instated within thirty days thereafter, in accordance with the Stipulation. Since we credit counsel’s account- concerning the non-delivery of the July 13 Order, we hereby re-instate such Order as of today’s date.” The docket sheet states that McAl-lan’s appeal was “re-instated” on October 26,1999.
DISCUSSION
The Fed. R.App. P. 4 time requirements for taking an appeal have been treated as especially rigid, and a federal court’s authority to extend or suspend those limits is narrowly limited. See, e.g., In re Orbitec Corp.,
Construing McAllan’s Rule 6.3 motion for reconsideration as a Rule 59(e) motion, and assuming it was timely filed within the ten day period for such motions, his notice of appeal was required to have been filed within 30 days after the district court’s Order denying that motion, i.e. by August 12, 1999. Even allowing for the sole thirty-day extension of time permitted by Fed. R.App. P. 4(a)(5), any appeal of Judge Knapp’s ruling denying the motion for reconsideration was due no later than September 13, 1999. McAllan’s notice of appeal filed October 26, 1999 was plainly untimely, depriving this Court of jurisdiction absent “unique circumstances.” Thompson v. INS,
In essence, appellant’s solution to his late discovery of the deadline-triggering order sought to expand appellate jurisdiction by asking the district court to rewrite history and “re-issue” his order from which a “timely” appeal could then be taken. New jurisdictional life cannot be breathed into an appeal whose filing time has already expired, unless unique circumstances so require. See Mendes Junior Internat’l,
Fed. R.App. P. 4(a)(6) permits a district court to “re-open” the time to file an appeal for a period of 14 days if:
(A) the motion is filed within 180 days after the judgment or order is entered or within 7 days after the moving party receives notice of the entry, whichever is earlier;
(B) the court finds that the party was entitled to notice of the entry of the judgment or order sought to be appealed but did not receive the notice from the district court or any party within 21 days after entry; and
(C) the court finds that no party would be prejudiced.
This provision precisely addresses McAl-lan’s situation. Thus, construing McAl-lan’s letter to the District Court as a motion under Rule 4(a)(6), his notice of appeal, to be timely, had to be filed within 14 days of Judge Knapp’s Order “re-issuing” his previous order. Instead,
Appellant’s reliance on the “unique circumstances” doctrine recognized in Thompson to excuse the untimely filing of his appeal is unavailing, because the District Court gave no assurances to McAllan that his strategy would toll the appellate deadlines; it merely acceded to McAllan’s request without independent consideration of its efficacy. The Supreme Court has held that the doctrine applies only to situations “where a party has performed an act which, if properly done, would postpone the deadline for filing his appeal and has received specific assurance by a judicial officer that this act has been properly done.” Osterneck v. Ernst & Whinney,
We are mindful of the severity of this result, but as the Supreme Court has observed, “[filing deadlines, like statutes of limitations, necessarily operate harshly and arbitrarily with respect to individuals who fall just on the other side of them, but if the concept of a filing deadline is to have any content, the deadline must be enforced.” United States v. Locke,
Conclusion
We have considered appellant’s other arguments in support of appellate jurisdiction, and find they are without merit. For the reasons set forth above, we dismiss the appeal for lack of jurisdiction.
Notes
. This motion was filed pursuant to Southern District of New York Local Rule 6.3, which provides in relevant part that "A notice of motion for reconsideration or reargument shall be served within ten (10) days after the docketing of the court’s determination of the original motion. There shall be served with the notice of motion a memorandum setting forth concisely the matters or controlling decisions which counsel believes the court has overlooked.”
. "If a party files a notice of appeal after the court announces or enters a judgment — but before it disposes of any motion listed in Rule 4(a)(4)(A) — the notice becomes effective to appeal a judgment or order, in whole or in part, when the order disposing of the last such remaining motion is entered."
