Two-Way Media LLC v. AT & T, Inc.

I respectfully dissent from the majority’s holding that the district court did not have discretion to reopen the appeal period under Federal Rule of Appellate Procedure (“FRAP”) 4(a)(6).

Federal Rule of Civil Procedure (“FRCP”) 77(d) provides that “[ijmmediately after entering an order or judgment, the clerk must serve notice of the entry, as provided in Rule 5(b).” Fed.R.Civ.P. 77(d)(1). FRAP 4(a)(6) provides that a district court may reopen the time to file an appeal where “the court finds that the moving party did not receive notice under Federal Rule of Civil Procedure 77(d) of the entry…