Supreme Court of the United States · Official docket →
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
Before the decision, well below the 4.1% base rate: the model weighted this down for a self-represented petitioner.
Questions presented
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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)
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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)
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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)
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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
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Case
Subject area
Judicial Power (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Linked docket
25A762
Order
Order list, October 5, 2026 · Certiorari denied
Proceedings
- Oct 05 2026Petition DENIED.
- Jul 15 2026DISTRIBUTED for Conference of 9/28/2026.
- Mar 02 2026Petition for a writ of certiorari filed. (Response due July 1, 2026)
- Jan 02 2026Application (25A762) granted by Justice Alito extending the time to file until February 28, 2026.
- Dec 19 2025Application (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.