Nestorovic v. Metropolitan Water Reclamation District of Greater Chicago, No. 18-2562 (7th Cir. 2019)
Annotate this CaseThe district court dismissed Nestorovic’s discrimination claims against her employer and the deadline to appeal expired without Nestorovic appealing. The district court granted her motion without making any finding as to whether Nestorovic had made the required showing under 28 U.S.C. 2107(c) that excusable neglect or good cause justified missing the original deadline. The Seventh Circuit dismissed her appeal. Section 2107(c) is an act of Congress, so showing excusable neglect or good cause serves as a prerequisite to appellate jurisdiction. The record below contained no evidence of excusable neglect or good cause for Nestorovic’s tardiness Nestorovic explained only that she was “actively searching for attorneys willing to take the case on contingency” and had been “advised very recently that [prospective] counsel could not file an appeal before reviewing filings to date, which would take several weeks.”
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