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Newman Excavating, Inc. v. Golden Eagle Investments Co., LLC

United States District Court, W.D. Missouri, Central Division

July 21, 2014

NEWMAN EXCAVATING, INC., Plaintiff,
v.
GOLDEN EAGLE INVESTMENTS CO., LLC, ET AL., Defendant.

ORDER

FERNANDO J. GAITAN, Jr., District Judge.

Currently pending before the court is Patrick F. Rayburn's pro se Motion for an Extension of Time to File An Appeal (Docs. # 91, 115), Patrick Rayburn's Motion for Leave to Appeal in Forma Pauperis (Docs. #93, 117), Patrick Rayburn's Notice of Appeal (Docs. # 94, 118) and CADC/RADC Venture 2011-1, LLC ("CADC's") Motion to Dismiss Defendants' Notice of Appeal (Docs. # 95, 119).

I. BACKGROUND

The parties in this case attempted over several months to negotiate a settlement of all of the claims in these two cases. On April 23, 2013, the parties negotiated the material terms of a settlement during a teleconference. On June 27, 2013, counsel for CADC and the Rayburn parties filed a Joint Status update with the Court indicating that they had reached an agreement and drafted a proposed settlement agreement. On August 7, 2013, counsel for the Rayburn parties informed CADC that their third-party financing had fallen through and they would be unable to comply with the terms of the settlement agreement which required the payment of $105, 000.00. The Court held a teleconference with the parties and directed them to either file a Joint Motion for Approval of the Settlement or a statement indicating that they were unable to finalize the settlement. On September 9, 2013, CADC filed a Motion to Enforce the Settlement Agreement. On December 2, 2013, the Court granted the Motion to Enforce the Settlement Agreement and judgment was entered in favor of CADC and against Golden Eagle and the Guarantors in the amount of $105, 000.00. The Court ordered that upon satisfaction of the judgment, CADC shall assign the notes, and the Deed of Trust to Rayburn Land Development, LLC. The Court dismissed the case, but retained jurisdiction to resolve any issues which might arise under the Settlement Agreement. On December 27, 2013, Patrick Rayburn filed a Motion to Amend/Correct Order of December 2, 2013. The Court treated Patrick Rayburn's Motion as a Motion to Alter or Amend filed pursuant to Fed.R.Civ.P. 59(e). On April 11, 2014, the Court denied Patrick Rayburn's Motion to Amend. On May 9, 2014, Patrick Rayburn filed a Motion for Extension of Time to File An Appeal and on May 27, 2014, Patrick Rayburn filed a Motion for Leave to Proceed in Forma Pauperis and a Notice of Appeal. On June 10, 2014, CADC filed a Motion to Dismiss the Notice of Appeal.

II. STANDARD

Fed.R.App.P. Rule 4(a)(1)(A) states in part:

(a) Appeal in a Civil Case.
(1) Time for Filing a Notice of Appeal.
...
(B) The notice of appeal may be filed by any party within 60 days after entry of the judgment or order appealed from if one of the parties is:
...
(ii) a United States agency;

Fed. R.App.P. 4(a)(4)(A) further states:

(4) Effect of a Motion on a Notice ...

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