Supreme Court Report

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Mark Mazza, et ux. v. Bank of New York Mellon

Paid petition · United States Court of Appeals for the Third Circuit, No. 24-2794 · judgment May 16, 2025


0%
estimated cert probability
(petition-stage, structural)
GVR risk 0%

Well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. Whether the Third Circuit’s affirmance of the District Court’s denial of a Rule 4(a)(5) motion to extend the time to file a notice of appeal constitutes an abuse of discretion where Petitioners filed their notice of appeal two days late due to reasonable reliance on professional advice and a preplanned absence, where no prejudice resulted to the opposing party, and where the courts failed to meaningfully analyze all required equitable factors, including “good cause. (Suggested Answer: Yes)

  2. Whether a court abuses its discretion when it denies relief under Federal Rule of Appellate Procedure 4(a)(5) without properly applying and balancing the governing equitable standards, including both “excusable neglect” and “good cause,” as required by precedent. (Suggested Answer ■ Yes)

  3. Whether there is a circuit split regarding the application of the Rule 4(a)(5) standards governing extensions of time to appeal—particularly concerning the weight given to reason for delay, prejudice, good faith, and litigant control and whether this Court should resolve that inconsistency. (Suggested Answer^ Yes)

  4. Whether the courts below erred in treating Petitioners’ appeal as untimely where Federal Rule of Civil Procedure 58 requires that judgment be entered on a separate

Counsel of record

For petitioner
Mark Mazza

For respondent

Case

Conference history
Distributed for 1 conference

Linked docket
25A762

Proceedings

  1. Jul 15 2026
    DISTRIBUTED for Conference of 9/28/2026.
  2. Mar 02 2026
    Petition for a writ of certiorari filed. (Response due July 1, 2026)
  3. Jan 02 2026
    Application (25A762) granted by Justice Alito extending the time to file until February 28, 2026.
  4. Dec 19 2025
    Application (25A762) to extend the time to file a petition for a writ of certiorari from December 30, 2025 to February 28, 2026, submitted to Justice Alito.