Does the act of mailing a Federal Rule of Civil Procedure 59(e) motion for reconsideration in time for normal US Mail Second Day delivery to the US District Court before the deadline to file expires, yet whose delivery is delayed for two weeks and therefore arrives at the Court late for filing, constitute excusable neglect for filing late and good cause for the District Court to have granted a subsequent motion to deem the motion for reconsideration as timely filed pursuant to Federal Rules of Civil Procedure 6(b)(1)(B) & 6(b)(2)?

QUESTIONS PRESENTED 1. Does the “act” of mailing a Federal Rule of Civil Procedure 59(e) motion for reconsideration in time for normal US Mail Second Day delivery to the US District Court ; before the deadline to file expires, yet whose delivery is delayed for two weeks and therefore arrives at the Court late for filing, constitute excusable neglect for filing late and good cause for the District Court to have granted a subsequent motion to deem the motion for reconsideration as timely filed pursuant to Federal Rules of Civil Procedure 6(b)(1)(B) & 6(b)(2)? That is, does Federal Rule of Civil Procedure 59(e) only prohibit an extension of time to “act” to file a motion for reconsideration whereby mailing the motion in time for delivery before the deadline expires satisfies the “act” of filing on time. 2. If so then does a separate motion to deem that motion for reconsideration as timely filed qualify as an “amendment” to the motion for reconsideration such that Federal Rule of Appellate Procedure 4(a) (4) (B) (ii) applies to require challenges to the grant of timeliness of the motion for reconsideration must be taken by the challenger’s direct appeal filed in the US Circuit Court of Appeals instead of the challenger’s motion to dismiss the underlying appeal, and is such a challenge forfeited if not “properly invoked” by appeal? 3 And, if the motion for reconsideration is deemed timely filed by the US District Court then does that in turn extend the time to appeal the underlying order referenced in the motion for reconsideration until 30 day after the District Court rules on the motion for reconsideration, as set forth in Federal Rule of Appellate Procedure 4(a)(4)(A)(v)? -i