Joseph v. Hess Oil Virgin Islands Corp.

651 F.3d 348, 2011 U.S. App. LEXIS 13640, 2011 WL 2611306
CourtCourt of Appeals for the Third Circuit
DecidedJuly 5, 2011
Docket11-8026
StatusPublished
Cited by34 cases

This text of 651 F.3d 348 (Joseph v. Hess Oil Virgin Islands Corp.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Joseph v. Hess Oil Virgin Islands Corp., 651 F.3d 348, 2011 U.S. App. LEXIS 13640, 2011 WL 2611306 (3d Cir. 2011).

Opinion

OPINION OF THE COURT

SMITH, Circuit Judge.

Before the Court is an application by Hess Oil Virgin Islands Corporation (“HOVIC”) for an extension of time to file a petition for a writ of certiorari from a decision of the Supreme Court of the Virgin Islands. Our rules provide that an extension of the sixty-day period in which to file a certiorari petition may be granted “for good cause shown.” 3d Cir. Local Appellate Rule (“LAR”) 112.4(a) (2010). HOVIC seeks an additional thirty days to file its petition on the ground that it recently retained counsel to represent it before this Court, and counsel contends that he cannot meet the current deadline, mainly due to other professional commitments. For the reasons explained below, I conclude that HOVIC’s grounds for seeking an extension of time do not amount to “good cause.” However, because this court has not previously addressed standards applicable to the showing required under LAR 112.4(a), I will grant HOVIC’s request for an extension of time.

I.

I need not recount the nature of the dispute between HOVIC and the respondent, Pierre P. Joseph, for purposes of addressing this extension request. Briefly stated, HOVIC intends to file a certiorari petition from a decision of the Supreme Court of the Virgin Islands entered March 8, 2011. The Supreme Court reversed an order in which the Superior Court of the Virgin Islands granted summary judgment in HOVIC’s favor, and it remanded to the Superior Court for further proceedings. According to HOVIC, the parties agreed to settle the case shortly before the Supreme Court issued its March 8 decision. HOVIC moved to recall the mandate or for leave to file a petition for rehearing out of time, citing the purported settlement. The Supreme Court denied both requests. HOVIC maintains that the case became moot once the parties agreed to settle, and it intends to seek certiorari to argue, inter alia, that mootness deprived the Supreme Court of jurisdiction to issue the March 8 decision.

A petitioner may seek review in this Court “of a final decision of the Supreme Court of the Virgin Islands ... by filing a petition for a writ of certiorari ... within 60 days from the entry of judgment sought to be reviewed[.]” LAR 112.2(a) (emphasis added); see also Pichardo v. V.I. Comm’r of Labor, 613 F.3d 87, 92 (3d Cir.2010) (“Under 48 U.S.C. § 1613, the Third Circuit has temporary certiorari jurisdiction over final decisions of the Virgin *350 Islands Supreme Court.”). For purposes of adjudicating the present motion, I will assume that the March 8 decision is a “final decision,” and therefore one that would fall within the scope of this Court’s jurisdiction under 48 U.S.C. § 1613 if a timely certiorari petition were filed. As such, HOVIC’s sixty-day period to file a certiorari petition in this matter expired on Monday, May 9, 2011. 1 HOVIC filed its application for an extension of time on May 3, six days prior to the due date. HOVIC asks for an extension of thirty days, until June 8. 2

HOVIC contends that it needs more time because it retained appellate counsel “to advise it of its procedural options and to represent it before this Court only a few weeks ago.” 3 Appellate counsel notes that the Supreme Court denied the motion to recall the mandate on April 28, 2011, and “the analysis contained in that order must be addressed in any petition that is to be filed.” Finally, appellate counsel asserts that he had competing obligations prior to the due date for HOVIC’s certiorari petition, including the filing of a petition for rehearing and an extension request in other cases. In addition, on the Thursday and Friday before the Monday on which the certiorari petition was due, counsel had commitments to the Third Circuit Bar Association and Third Circuit Judicial Conference, including an appearance as a panelist at a Judicial Conference meeting.

II.

Congress has provided that, for the first fifteen years following establishment of the Supreme Court of the Virgin Islands, the Third Circuit Court of Appeals “shall have jurisdiction to review by writ of certiorari all final decisions of the highest court of the Virgin Islands from which a decision could be had.” 48 U.S.C. § 1613. Congress also has conferred upon this Court “jurisdiction to promulgate rules necessary to carry out the provisions of [§ 1613].” Id. Consistent with this mandate, we adopted local rules in 2007 to govern practice and procedure in the exercise of our certiorari jurisdiction. 4 See LARs 112.1-14. Among other things, we established a *351 sixty-day deadline to file a certiorari petition, LAR 112.2(a), and made allowance for a petitioner to seek additional time. Our local rule regarding extensions of time to file a certiorari petition provides as follows:

A circuit judge, for good cause shown, may extend the time for filing a petition for writ of certiorari or cross-petition for a period not exceeding 30 days. Any application for extension of time within which to file a petition for writ of certiorari must set out the grounds on which the jurisdiction of this court is invoked, must identify the judgment sought to be reviewed and have appended thereto a copy of the opinion, and must set forth with specificity the reasons justifying an extension. An untimely petition for writ of certiorari must be accompanied by a motion for extension of time. However, an application for extension of time to file a petition for certiorari ordinarily will not be granted, if filed less than 5 days before the expiration of the time to file a petition.

LAR 112.4(a).

This court has not, in a precedential decision, addressed the showing required to establish “good cause” for an extension of time to file a certiorari petition. 5 Because “good cause” is undefined in LAR 112.4(a), my undertaking here is to give meaning to the term. I begin, as I must, by looking to the plain language of the rule. See, e.g., In re Lord Abbett Mut. Funds Fee Litig., 553 F.3d 248, 254 (3d Cir.2009).

“Good cause” is understood to mean “[a] legally sufficient reason,” and it reflects “the burden placed on a litigant (usu. by court rule or order) to show why a request should be granted or an action excused.” Black’s Law Dictionary 251 (9th ed.2009). Of course, a proffered reason or “cause” that may be legally sufficient in one context may not be so in another. Federal practice is replete with rules that require a moving party to show “good cause,” 6

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651 F.3d 348, 2011 U.S. App. LEXIS 13640, 2011 WL 2611306, Counsel Stack Legal Research, https://law.counselstack.com/opinion/joseph-v-hess-oil-virgin-islands-corp-ca3-2011.