Hamer v. Neighborhood Hous/ Servs. of Chicago, No. 15-3764 (7th Cir. 2016)Annotate this Case
Hamer, a former Intake Specialist for Housing Services of Chicago and Fannie Mae, filed suit against her former employers, citing the Age Discrimination in Employment Act, 29 U.S.C. 621, and Title VII, 42 U.S.C. 2000e. The district court granted the defendants summary judgment. The deadline for Hamer to file her Notice of Appeal was October 14, 2015. On October 8, Hamer’s counsel filed a “Motion to Withdraw and to Extend Deadline.” The district court extended the deadline to December 14. Hamer filed her Notice of Appeal on December 11, as permitted by the order, but exceeding the extension allowable under Fed.R.App.P. 4(a)(5)(C). Hamer argued that the court extended the time to file under 28 U.S.C. 2107(c), that Rule 4(a)(5)(C) did not apply, and that the defendants waived their challenge by not initially raising it. The Seventh Circuit dismissed for lack of jurisdiction. The statutory requirement for filing a timely notice of appeal is “mandatory and jurisdictional.” Rule 4(a)(5)(C) is the vehicle by which section 2107(c) is employed and limits a district court’s authority to extend the notice of appeal filing deadline to no more than an additional 30 days. The district court erred in granting Hamer an extension that exceeded the Rule 4(a)(5)(C) time period by almost 30 days.
The court issued a subsequent related opinion or order on July 30, 2018.
- Hamer v. Neighborhood Housing Services of Chicago, No. 16-658 (U.S. Nov. 08, 2017)