Wednesday, March 19, 2008

Will Jorstad File an Appeal?

On March 9, 2007, Patrick Jorstad filed a Complaint in the U.S. District Court for the District of Massachusetts against State Street and a number of its directors and officers. Readers who wish to view the Complaint can do so by logging in to PACER.

Besides PACER, this site, too, will soon provide electronic access to that document, and the others pertaining to the case.

On February 21, 2008, The Honorable Joseph L. Tauro, United States District Judge, GRANTED the Defendants' Motion to Dismiss, without prejudice to refiling.

A party who wishes to appeal a lower court's ruling must file the Notice of Appeal described in Rule 3 of the Federal Rules of Appellate Procedure.

According to Rule 4, such a Notice of Appeal must be filed within 30 days after the judgment or order appealed from is entered on the case's docket. That would mean that any forthcoming Notice of Appeal should be filed by March 22, 2008 - this coming Saturday. But Rule 26 would seem to indicate that Saturdays, Sundays, and legal holidays are excluded from the time period, if the due date for an act falls on one of those days.

Assuming the Court is open on Monday, March 24th, that would seem to be the due date for any forthcoming Notice of Appeal.

This is one case other sttLitigants may wish to follow closely.

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