When is An Extension Not An Extension? When It Raises Jurisdictional Problems

When a district court issues an order extending a filing deadline, it is usually safe to assume that your client will not be prejudiced as long as you file within the period ordered by the court.

However, consider the case of Charmaine Hamer. She recently lost summary judgment on an age-discrimination claim against her former employer and sought to appeal. Prior to the expiration of the 30-day period for filing a notice of appeal prescribed by FRAP 4(a), she asked the district court for an extension. The district court granted her an additional 65 days to file her notice. Hamer then filed the notice within the extended period prescribed by the court, and the case went up to the Seventh Circuit. There was only one problem. Under FRAP 4(a)(5)(C), the district court wasn't supposed to grant her an extension exceeding thirty days beyond the original 30-day deadline. When the Seventh Circuit discovered that error, it sua sponte asked the parties to brief the question of