Cole Brite, Kelli Brite, and Ross Brite v. St. Francis DeSales High School, Anastasia Quirk, and Lance Hammond

Summary

The United States District Court for the Western District of Kentucky denied the Brites’ motion for a nunc pro tunc order concerning an allegedly timely filed notice of appeal. The court held that payment of the filing fee and initiation of the electronic filing process did not complete the filing absent a system-generated Notice of Electronic Filing. It concluded that counsel’s failure to complete the filing and monitor the docket did not constitute excusable neglect or justify nunc pro tunc relief.

Holdings

1. A document filed through the court's electronic filing system is not considered filed for purposes of the Federal Rules until the filing party receives a system-generated Notice of Electronic Filing with a hyperlink to the electronically filed document. Payment of the filing fee alone does not complete the filing.
2. A nunc pro tunc order cannot be used to backdate an uncompleted filing or create a substantive right to appeal; it may correct only clerical mistakes or omissions so that the record reflects events that actually occurred.
3. Counsel's failure to complete an electronic filing and to monitor the docket before the appeal deadline does not constitute excusable neglect warranting relief from the notice-of-appeal deadline.

Questions Presented

1. Whether the court could enter a nunc pro tunc order deeming a notice of appeal timely filed when counsel initiated the electronic filing process and paid the filing fee but did not receive a system-generated Notice of Electronic Filing.
2. Whether counsel's failure to complete the electronic filing process and monitor the docket constituted excusable neglect or otherwise justified relief from the appeal deadline.

Disposition

other