Bausch and Lomb_Opposition_2_RamirezWritofCert_2017-03-14

The letter further stated that "pursuant to Fed.R.App.P. 25(a)(2)(A), a
motion to set aside the dismissal and remedy the default 'is not timely unless the
clerk receives the papers within the time fixed for filing." (A.34).
According to the Eleventh Circuit's Rule 42-2(e):
An appeal dismissed pursuant to this rule may be reinstated only upon
the timely filing of a motion to set aside the dismissal and remedy the
default showing extraordinary circumstances, accompanied by the
required brief and appendix. Such a motion...must be filed within 14
days of the date the clerk enters the order dismissing the appeal. The
timely filing of such a motion...is the exclusive method of seeking to
set aside a dismissal entered pursuant to this rule. Any untimely filed
motion to set aside dismissal and remedy default must be denied
unless the motion demonstrates extraordinary circumstances justifying
the delay in filing the motion, and no further filings shall be accepted
by the clerk in that dismissed appeal.
11th Cir. R. 42-2(e).
Ramirez admits he learned of the dismissal of the case on April 21, 2016.
(A.91-92). Ramirez has not disputed that he promptly received all of the
documents related to the dismissal. (See Petition, pp. 2-5, A.91-92). Nevertheless,
Ramirez waited until June 2, 2016, to file "Appellant Oppose Motion to Reinstate
the Appeal Under the Extraordinary Circumstances. Rules 42-2 and 42-3." (A.87).
The Eleventh Circuit denied the motion on July 14, 2016. (A.2).
Ramirez then filed a second motion to reinstate the appeal on August 1,
2016, which was denied on September 7, 2016. (A.53, 3).
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