Jurisdiction

Listen to this article

7^th Circuit Court of Appeals

Case Name: Slobodanka Nestorovic v. Metropolitan Water Reclamation District of Greater Chicago

Case No.: 18-2562

Officials: BARRETT, BRENNAN, and SCUDDER, Circuit Judges.

Focus: Jurisdiction

This case turns on the requirement in 28 U.S.C. § 2107(c) that a litigant show excusable neglect or good cause to file an appeal after the deadline for doing so has passed. The district court dismissed Slobodanka Nestorovic’s discrimination claims against her employer and the deadline to appeal expired without Nestorovic appealing. Nestorovic then moved for an extension of time to file a notice of appeal, and the district court granted her motion without making any finding as to whether Nestorovic had made the required showing that excusable neglect or good cause justified missing the original deadline. Because this showing is required by an act of Congress—§ 2107(c), in particular—the necessity for Nestorovic to have shown excusable neglect or good cause serves as a prerequisite to our having appellate jurisdiction. As the record below contained no evidence of excusable neglect or good cause for Nestorovic’s tardiness, we dismiss Nestorovic’s appeal for lack of jurisdiction.

Dismissed

Full Text

Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.