Cleek Aviation v. United States

OPINION

MARGOLIS, Judge.

This case is before the court on the plaintiff’s Motion to Correct Date of Filing. Plaintiff’s notice of appeal reached this court one day after the filing deadline. Plaintiff, Cleek Aviation (“Cleek”), argues that under RUSCC 3(b)(2)(C) this court should grant plaintiff’s motion to correct the records showing September 11, 1990 as the date of filing for plaintiff’s notice of appeal now dated as filed on September 12, 1990. Defendant, the United States, ar*261gues that RUSCC 3(b)(2)(C) is inapplicable and that plaintiff fails to demonstrate excusable neglect for its failure…