RYAN v. FIRST UNUM LIFE INSURANCE COMPANY, 174 F.3d 302 (2nd Cir. 1999)-Before: OAKES, CABRANES, and SACK, Circuit Judges.
This was a claim for long-term disability benefits which the plaintiff filed in state court. Defendant removed it and district court granted summary judgment. The clerk entered the order on May 11, 1998 and mailed copies of the judgment to the parties. The address of plaintiff's counsel was not on the docket sheet and the plaintiff's counsel averred he never received a copy of the order. On June 29, 1998 an investigator associated with the plaintiff learned that the clerk entered the judgment on May 11, 1998. On June 30, 1998, plaintiff's counsel received a copy of the judgment entered on June 30, 1998. On July 30, 1998, plaintiff's counsel moved to reopen the time to file a notice of appeal pursuant to Fed. R. App. P. 4(a)(6). District court denied the motion.
Second Circuit affirmed since Fed. R. App. P. 4(a)(6) required the plaintiff's counsel to filed motion to reopen the time to file a notice of appeal within 180 days of the entry of the judgment or seven days after receiving notice of the entry of the judgment whichever is earlier. Second Circuit held that "notice of the entry of judgment,"
for purposes of Fed. R. App. P. 4(a)(6), is not limited to notice mailed pursuant to Fed. R. Civ. P. 77(d), but includes a party's in-hand receipt from the Clerk of the judgment, together with documentary proof that it has been entered.Practice note: If the Court grants a judgment in your client's favor you should send a copy to the opposing lawyer via fax and certified mail. This gets the time running for purposes of Rule 77(d)-FRCP and may prevent a Ryan appeal.
