Whether inexcusable error or neglect by U.S. Court of Appeals for the Second Circuit Clerk granting the defendant permission file an Appellee's brief after the defendant did not appear according to Circuit Rules

QUESTION PRESENTED Whether inexcusable error or neglect by U.S. Court of Appeals for the Second Circuit Clerk granting the defendant permission file an Appellee’s brief after the defendant did not appear according to Circuit Rules of the U.S. Court of Appeals for the Second Circuit, Circuit Rule 12.3(a). ii LIST OF PROCEEDINGS U.S. Court of Appeals for the Second Circuit No. 23-826 Harold Jean-Baptiste, v. Westside Donut Huntington Ventures LLC, Defendant-Appellee Date of Final Order: November 20, 2023 U.S. District Court for the Eastern District of New York No. 23-CV-2308 Harold Jean-Baptiste, Plaintiff, v. Westside Donut Huntington Ventures LLC, Defendant Date of Memorandum and Order: April 27, 2023