Bausch and Lomb_Opposition_2_RamirezWritofCert_2017-03-14

motion to set aside the dismissal and remedy the default showing extraordinary
circumstances, accompanied by the required brief and appendix." See 11th Cir. R.
42-2(e). "Such a motion must be filed within 14 days of the date the clerk enters
the order dismissing the appeal." Id. Here, the motion to reinstate the appeal would
have been timely if the clerk received it by May 4, 2016. Further, an "untimely
filed motion 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 has never demonstrated any "extraordinary circumstances."
Instead, according to both his April 12, 2016, and his June 2, 2016, motions,
Ramirez waited until the last minute to prepare and attempt to file his initial brief
and appendix (after receiving five extensions of time over the course of almost a
year), experienced a technical difficulty, failed to determine when the post office
closed, and did not timely submit his appendix. (A.38-40, 89-95). The additional
reasons Ramirez mentions in his June 2, 2016, motion — "hardship life
circumstances; unsteady housing circumstances, depression, anxiety, and, neck
pain" — are substantially the same reasons Ramirez mentioned each of the five
times he sought extensions of time in which to file his brief and appendix during
his entire appeal. (e.g., A.70, Petitioner's Motion for Extension of February 11,
2016, R.A.13-20).
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