FROM THE SECOND CIRCUIT IN REGARDS TO EXTENSION OF TIME:

May 10, 2013 – Opinion Related to Requests for an Extension of Time to File a Brief – Today the United States Court of Appeals for the Second Circuit issued an opinion entitled RLI Insurance Co. v. JDJ Marine, Inc., in which the Court declined to reinstate an appeal after a dismissal based on a party’s failure to file a timely brief. View the opinion. All litigants are reminded that the Court does not grant a motion to extend the time to file a brief absent an extraordinary circumstance, such as serious personal illness or death in counsel’s immediate family. See Second Circuit Local Rule (LR) 27.1(f). As underscored in the opinion, “the press of other business is not an ‘extraordinary circumstance’ justifying an extension under [the Court’s] rules.” In the event an extraordinary circumstance justifying an extension of time to file a brief does exist, a party must file the request to extend the filing time as soon as practicable after the extraordinary circumstance arises. See LR 27.1(f)(3).