Michelle La Nette Nunley v. City of Los Angeles

This appeal from a district judge’s denial of an extension of time to file notice of appeal raises questions of first impression concerning the interpretation of Federal Rule of Appellate Procedure 4(a)(6). Rule 4(a)(6) provides for an extension of time upon a showing that the would-be appellant did not receive notice of the entry of judgment and that no other party would be prejudiced by the extension. We hold that a specific factual denial of receipt of notice rebuts the presumption of receipt, which is to be given no further weight. We also hold that Rule 4(a)(6) motions may not be denied based upon the concept of “excusable neglect.” Therefore, we vacate the decision of the district judge and remand for a determination of receipt of notice.

I. Background

On February 19, 1993, the district court entered judgment against Michelle La Nette Nunley (“Nunley”) after a jury returned a verdict in favor of the City of Los Angeles and individual defendants (collectively “City”). At trial, Nunley had claimed damages for injuries suffered as the result of an attack by a police dog. On March 5, 1993, Nunley timely served a motion for judgment notwithstanding the verdict or for new trial…