Patrick D. Lands v. City of Raleigh, North Carolina
Arbitration ERISA
Whether the First, Second, Fourth, Eighth, and Tenth Courts of Appeal have misinterpreted Pioneer Inv. Servs. Co. v. Brunswick Assocs. Ltd. P'ship regarding the primacy of 'reason for delay' in determining excusable neglect or good cause for filing a late notice of appeal
Whether the First, Second, Fourth, Eighth, and Tenth Courts of Appeal have misinterpreted this Court’s opinion in Pioneer Inv. Servs. Co. v. Brunswick Assocs. Ltd. P’ship , 507 U.S. 380, 391 -92 (1993) by emphasizing one factor—“the reason for the delay”— over all other factors in cont rast to the conclusions of the Third, Fifth, Sixth, Seventh, Ninth, Eleventh, and DC circuits which disagree with the primacy of that factor, with the result that the notice of appeal filed one day late by a white male police officer who took FMLA to help his father out in his business and who received no remuneration for the same, and who was terminated in retaliation for doing so, was precluded from being heard on the merits by the Fourth Circuit resulting in the affirmation of the summary judgment decision by the district court. ii LIST OF PROCEEDINGS U.S. Court of Appeals for the Fourth Circuit No. 24 -1211 and 24 -1921 Patrick D. Lands, Plaintiff -Appellant v. City of Raleigh, Defendants -Appellees Final Opinion : April 14, 2025 _ U.S. District Court, E.D. North Carolina No. 5 :21-cv-00491 -BO Patrick D. Lands, Plaintiff v. City of Raleigh, Defendant Order Granting Defendant’s Motion for Summary Judgment : February 7, 2024 Order Denying Rule 60 Motion : August 21, 2024 Order Denying Motion to Extend Time to File Notice of Appeal : April 22, 2024