Eastman v. First Data Corp.

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Plaintiffs are among 24,000 New Jersey merchants who entered into contracts for credit or debit point of sales terminals with Defendants and filed a class action, alleging that Defendants charged small business owners unconscionable and exorbitant fees for leasing terminals and added extra costs not included in the contracts. On July 31, 2013, the district court denied class certification. On August 19, 2013, Plaintiffs sought permission to appeal the denial pursuant to Fed. R. Civ. P. 23(f), conceding that the Rule 23(f) petition was filed beyond the 14 day deadline. The Third Circuit dismissed, stating that the time to file a Rule 23(f) petition runs from entry of the order, not service of a document. Counsel’s mistake or ignorance of the rules does not constitute excusable neglect; Fed. R. App. P. 26(b)(1) states that a court cannot extend the time for filing a petition for permission to appeal. The court also noted that no motion for reconsideration was filed in the district court. View "Eastman v. First Data Corp." on Justia Law