Hescox v. Niagara Wheatfield Central School District

12 F. App'x 86
CourtCourt of Appeals for the Second Circuit
DecidedJune 20, 2001
DocketDocket No. 00-9571
StatusPublished
Cited by2 cases

This text of 12 F. App'x 86 (Hescox v. Niagara Wheatfield Central School District) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hescox v. Niagara Wheatfield Central School District, 12 F. App'x 86 (2d Cir. 2001).

Opinion

SUMMARY ORDER

This cause came on to be heard on the record from the United States District Court for the Western District of New York, and was argued by counsel.

ON CONSIDERATION WHEREOF, it is now hereby ordered, adjudged, and decreed that the judgment and order of the said District Court be and they hereby are affirmed.

Defendant Niagara Wheatfield Central School District (the “School District”) appeals (1) from a September 25, 2000 judgment of the United States District Court for the Western District of New York, William M. Skretny, Judge, entered following a jury verdict awarding plaintiff James Hescox, Jr., $90,000 in damages for violation of his rights under the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. (“ADA”), and state law, and (2) from a November 16, 2000 order that, inter alia, denied the School District’s posttrial motion pursuant to Fed.R.Civ.P. 50(b) for judgment as a matter of law. On appeal, the School District asks this Court to order judgment in its favor or at least to reverse or reduce the damages award, arguing principally that as a matter of law Hescox presented insufficient evidence that he was disabled within the meaning of the pertinent statutes, was denied a reasonable accommodation, or suffered monetary injury as a result of that denial. Assuming that the School District’s notice of appeal was timely filed, we affirm.

In its reply brief on appeal, the School District argued that its appeal is timely either because it moved under Fed. R.Civ.P. 50(b) and 59(a) for judgment as a matter of law or a new trial and did so within the 30-day period allowed by the district court, or because it so moved immediately after verdict. We reject these contentions. First, there was no valid extension of the School District’s time to make its Rule 50 and 59 motions. Such motions are timely only if filed not later than 10 days, as calculated pursuant to Fed.R.Civ.P. 6(a), after the entry of judgment, see Fed.R.Civ.P. 50(b), 59(b). The Federal Rules of Civil Procedure, while allowing enlargements of time to perform many acts, see Fed.R.Civ.P. 6(b), provide that, except in circumstances not pertinent here, the district court “may not extend the time for taking any action under Rules 50(b) and ... 59(b),” Fed.R.Civ.P. 6(b). See, e.g., Rodick v. City of Schenectady, 1 F.3d 1341, 1346 (2d Cir.1993) (no power to extend time for motions under Fed. R.Civ.P. 50(b) and 59(a)); see also Lichten-berg v. Besicorp Group Inc., 204 F.3d 397, 401 (2d Cir.2000) (no power to grant consented-to motion for extension of time to move for reconsideration, to the extent that reconsideration was to be sought under Fed.R.Civ.P. 59(e) rather than under a local rule). Thus, although the district court in the present case purported to enlarge the time within which the.School District could file its Rule 50 and 59 motions, that order was ineffective. Those motions were made beyond the 10-day deadline for such motions and hence were untimely. Since the 30-day appeal period provided by Fed.R.App.P. 4(a)(1)(A) is not extended by a Rule 50 or 59 motion unless the motion was “timely,” Fed.R.App.P. 4(a)(4)(A), the unauthorized extension of the time to make those motions did not extend the School District’s time to appeal, see, e.g., Rodick v. City of Schenectady, 1 [89]*89F.3d at 1346. The district court’s mistaken view of its authority does not excuse the late filing of the notice of appeal. “In the absence of exceptional circumstances, each party is responsible for knowing the pertinent procedural rules and principles and for taking such steps as are needed to protect its own interests.” Endicott Johnson Corp. v. Liberty Mutual Insurance Co., 116 F.3d 53, 57 (2d Cir.1997); see also Osterneck v. Ernst & Whitney, 489 U.S. 169, 179, 109 S.Ct. 987, 103 L.Ed.2d 146 (1989); Thompson v. INS, 375 U.S. 384, 84 S.Ct. 397, 11 L.Ed.2d 404 (1964) (per curiam); Mendes Junior International Co. v. Banco Do Brasil, S.A, 215 F.3d 306, 315 (2d Cir.2000); Rodick v. City of Schenectady, 1 F.3d at 1347. We see no exceptional circumstances here.

Second, the School District’s contention, relying on Meriwether v. Coughlin, 879 F.2d 1037, 1040-41 (2d Cir.1989), that its posttrial Rule 50(b) and 59(a) motions were in fact made immediately after the jury returned its verdict is not supported by the record. The transcript segment quoted by the School District, reflecting the proceedings immediately after return of the verdict, shows clearly that the School District stated that it believed it was “ ‘entitled to renew the motion’ ” and that it “ ‘would like some time to do that.’ ” (School District reply brief on appeal at 3 (quoting (Trial Transcript (“Tr.”) at 469))). It is also clear from the postverdict colloquy that the district court regarded only the motion for an extension of time, and not the substantive motions themselves, as having been made at that time:

THE COURT:.... I think what you’re asking for now is an extended time—
MR. COLLINS [Counsel for the School District]: Yes.
THE COURT: — in which to formulate whatever motions you’re able to make.
MR. COLLINS: Yes. Yes.
THE COURT: Why don’t we set this for simultaneous motions [by plaintiff and defendant] just — and we’ll come into court with those, and we’ll do that in 30 days----
MR. COLLINS: And so we would be in essence, Judge, filing our motions on that date, not serving in advance on the other side?
THE COURT: Well, you know, actually, I wouldn’t mind having them served like within three days of that date.
MR. COLLINS: Okay. Fine.

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Bluebook (online)
12 F. App'x 86, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hescox-v-niagara-wheatfield-central-school-district-ca2-2001.