Big Top Koolers, Inc. v. Circus-Man Snacks, Inc.

This is the second time Big Top Koolers and Nicholas Brienza (collectively “Big Top”) come before this court seeking to challenge a judgment in favor of Defendant-appellee Circus-Man Snacks (“Circus-Man”). At issue is whether Big Top can meet the three-prong test required to reopen the time period in which to file a notice of appeal under Fed. RApp. P. 4(a)(6). The three requirements are:

(A) the court finds that the moving party did not receive notice under Federal Rule of Civil Procedure 77(d) of the entry of the judgment or order sought to be appealed within 21 days after entry; (B) the…