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- ilcd;;4:16-cv-04191_de70 RegisterActionDate "2019-10-23" @default.
- ilcd;;4:16-cv-04191_de70 RegisterActionDescriptionText "TEXT ORDER entered by Judge Michael M. Mihm on 10/23/2019. On August 27, 2019, the Court granted Defendant's motion for summary judgment, dismissing the case and entering judgment. Thirty-four days later, on September 30, 2019, Plaintiff filed 50 , a "MOTION TO RECONSIDER COURT RULING ON 8/27/2019 GRANTING DEFENDANT MOTION FOR SUMMARY JUDGMENT AND MOTION TO ALTER OR AMEND THE JUDGMENT PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE 59 (e) AND/OR HIS NOTICE OF APPEAL PURSUANT TO Fed.R.App.P. 4 (a) (4)". The Motion was docketed as a Motion to Reconsider. On 10/9/19 the Court determined that the Motion to Reconsider was not timely filed under Rule 59(e) which requires the motion to be filed within 28 days of judgment. The Court, however, reviewed the filing under Rule 60(b), ultimately denying it. See Hampton v. Davis, 56 Fed. Appx. 274, 275 (7th Cir. 2003) (a late-filed Rule 59(e) motion "automatically becomes a Rule 60(b) motion.") Plaintiff now files 53 , requesting the status of his appeal. Even if the September 30, 2019 filing were construed as a Notice of Appeal, it was not timely as it was filed more than 30 days after judgment entered. Turner v. Gramley, 952 F.2d 1398 (7th Cir. 1992) at *1, citing Fed.R.App.P. 4(a)(1). "An appeal of a judgment must be filed within 30 days to invoke the jurisdiction of this [the appellate] court." While a timely Rule 59(e) motion will suspend the deadline for filing an appeal, a Rule 60(b) Motion does not. See Hampton, 56 Fed. Appx. at 275. "A Rule 60(b) motion does not toll the time for filing an appeal from the judgment challenged by the motion, and we have no jurisdiction to review untimely appeals." A Rule 60(b) motion will suspend the appellate filing deadline until a ruling by the Court only if it is filed within 28 days of the entry of judgment. Washington v. Kulisek, No. 15-10776, 2017 WL 2713406, at *4 (N.D. Ill. June 1, 2017) citing Fed. R. App. P. 4(a)(4)(A)(vi). Here, Plaintiff did not file a timely Rule 59(e) motion which would have suspended the 30-day filing deadline. His motion, therefore, was rightfully construed under Rule 60(b) which did not suspend the filing deadline as it was not filed within 28 days of judgment. Plaintiff's 53 is GRANTED to the extent that he is advised that his combined Motion and Notice of Appeal were filed too late to perfect an appeal of the judgment. While Plaintiff may not appeal the District Court's grant of summary judgment, he may, within 30 days of 10/9/19, appeal the Court's denial of the Rule 60(b) motion. Marane, Inc. v. McDonald's Corp., 755 F.2d 106, 112 (7th Cir. 1985) (internal citations omitted) (a ruling on a Rule 60(b) motion is appealable even if the merits of the underlying judgment are not). (KE, ilcd) (Entered: 10/23/2019)" @default.
- ilcd;;4:16-cv-04191_de70 AdministrativeID "None" @default.
- ilcd;;4:16-cv-04191_de70 OntologyLabel dispositive @default.
- ilcd;;4:16-cv-04191_de70 OntologyLabel granting_motion_for_summary_judgment @default.
- ilcd;;4:16-cv-04191_de70 OntologyLabel order @default.
- ilcd;;4:16-cv-04191_de70 hasReferenceToOtherEntry ilcd;;4:16-cv-04191_de65 @default.
- ilcd;;4:16-cv-04191_de70 hasReferenceToOtherEntry ilcd;;4:16-cv-04191_de69 @default.