Tilia Trust Reg. v. Aiken & Mansuy

MEMORANDUM ***

Tilia Trust Reg. (“Tilia”) appeals the district court’s order denying its motion for extension of time to file a notice of appeal pursuant to Fed.R.App.P. (“Rule”) 4(a)(5). We affirm.

On September 7, 1999 the district court granted summary judgment for defendants, and the order of dismissal was docketed that same day. Rule 4(a)(1)(A) gave Tilia 30 days from that date to file a notice of appeal. According to Tilia’s counsel, *622 when he input the date of the judgment into his computer calendaring program, the program—erroneously applying California state rules rather than the federal rules—entered a 60-day deadline within which Tilia had to file a notice of appeal. In reliance on that entry, Tilia’s counsel filed the notice of appeal on October 22—45 days after judgment was entered.

On November 12 defendants filed a motion to dismiss the appeal with this Court on the ground that it was untimely. 1 In response, on November 16 Tilia filed in the district court an “Expedited Motion To Extend Time for Filing Notice of Appeal” under Rule 4(a)(5). That motion was denied, and the denial is the subject of this appeal.

Rule 4(a)(5)(A)(i) provides that the district court…