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Coco v. Incorporated Village of Belle Terre

Citations: 448 F.3d 490; 2006 U.S. App. LEXIS 11594; 2006 WL 1223042Docket: Docket No. 05-6669-MV

Court: Court of Appeals for the Second Circuit; May 8, 2006; Federal Appellate Court

Narrative Opinion Summary

Petitioners sought permission to appeal a class certification order from the United States District Court for the Eastern District of New York, but failed to file their application within the ten-day limit set by Federal Rule of Civil Procedure 23(f). Plaintiff Coco contested the late filing and requested dismissal for lack of jurisdiction. Although the jurisdictional nature of Rule 23(f)'s deadline is uncertain, as highlighted by the Supreme Court's ruling in Eberhart v. United States, the appellate court does not need to determine this issue. They noted that whether jurisdictional or not, the ten-day filing requirement is an "inflexible" claim-processing rule that cannot be extended. Consequently, because the petition was untimely, it was denied.

Legal Issues Addressed

Consequences of Untimely Filing

Application: The appellate court denied the petition due to the untimely filing, reinforcing the strict adherence required to procedural deadlines.

Reasoning: Consequently, because the petition was untimely, it was denied.

Filing Deadline under Federal Rule of Civil Procedure 23(f)

Application: The case illustrates that the ten-day filing deadline for appeals under Rule 23(f) is an inflexible claim-processing rule that must be adhered to, regardless of its jurisdictional nature.

Reasoning: Although the jurisdictional nature of Rule 23(f)'s deadline is uncertain, as highlighted by the Supreme Court's ruling in Eberhart v. United States, the appellate court does not need to determine this issue. They noted that whether jurisdictional or not, the ten-day filing requirement is an 'inflexible' claim-processing rule that cannot be extended.