No. 25-78

Patrick D. Lands v. City of Raleigh, North Carolina

Lower Court: Fourth Circuit
Docketed: 2025-07-22
Status: Denied
Type: Paid
Tags: circuit-split excusable-neglect fmla-leave good-cause notice-of-appeal pioneer-factors
Key Terms:
Arbitration ERISA
Latest Conference: 2025-09-29
Question Presented (AI Summary)

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

Question Presented (OCR Extract)

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

Docket Entries

2025-10-06
Petition DENIED.
2025-09-10
DISTRIBUTED for Conference of 9/29/2025.
2025-08-21
Brief of City of Raleigh, NC in opposition submitted.
2025-08-21
Brief of respondent City of Raleigh, NC in opposition filed.
2025-08-21
Brief of respondent City of Raleigh, North Carolina in opposition filed.
2025-07-14
Petition for a writ of certiorari filed. (Response due August 21, 2025)

Attorneys

City of Raleigh, NC
Alice Janina TejadaRaleigh City Attorney's Office, Respondent
Alice Janina TejadaRaleigh City Attorney's Office, Respondent
Patrick Lands
Valerie L. BatemanNew South Law Firm, Petitioner
Valerie L. BatemanNew South Law Firm, Petitioner