Satkar Hospitality, Inc. v. Fox Television Holdings

Ct. of Appeals lacked jurisdiction over instant appeal, where plaintiffs filed their notice of appeal more than 30 days from Dist. Ct.’s entry of Rule 54(b) judgment that dismissed plaintiffs’ state law defamation and false light claims, at time when plaintiffs’ federal section 1983 claim against defendants had remained pending in Dist. Ct. Although Dist. Ct. had granted plaintiffs’ request to file late notice of appeal under Rule 4(a)(5), where Dist. Ct. had mistakenly invited plaintiffs’ counsel to seek Rule 54(b) judgment one week after said judgment had actually been entered, plaintiffs could not rely on said misstatement to support their request to file late notice of appeal, where plaintiffs were actually aware that Rule 54(b) judgment had been entered at time of misstatement, and where plaintiffs otherwise failed to demonstrate “excusable neglect” in failing to file timely notice of appeal. Also, Dist. Ct. had improperly relied on defunct “unique-circumstances” doctrine when granting plaintiffs’ request to file late notice of appeal.