John Pettitt v. John Chiang

MEMORANDUM

Appellants John Pettitt, Murphy Labrador Corporation, and Barbara Musser as Trustee of the MAX GSD Trust of 1996 appeal from the district court’s order denying their motion for an extension of time to file a notice of appeal.

A timely notice of appeal is mandatory and jurisdictional. Vahan v. Shalala, 30 F.3d 102, 103 (9th Cir.1994) (per curiam). A notice of appeal must be filed within thirty days after the district court enters judgment where, as here, the United States is not a party. Fed. R.App. P. 4(a)(1)(A). The district court may extend this period only if two requirements are met: (1) “a party so moves no later than 30 days after the [original filing deadline]” and (2) “that party shows excusable neglect or good cause.” Id. 4(a)(5)(A). Like the deadline for a notice of appeal, the requirement that motions for extension of time be made within thirty days after the original filing deadline is “mandatory and jurisdictional.” Alaska Limestone Corp. v. Hodel, 799 F.2d 1409, 1411 (9th Cir.1986) (per curiam).

In this case, the deadline for filing a notice of appeal was May 22, 2008, and the deadline for requesting an extension was June 23, 2008. Appellants did not…