At page 1411 Excusable neglect and extension of time requirements46 citing casesThe unique circumstances doctrine only applies when a party delays filing a notice of appeal in reliance on judicial action that indicated to the party that its notice of appeal would be timely.
- Washington State Superior Court of Thurston Cnty. v. Green, No. 3:25-cv-05317 (W.D. Wash. Aug. 20, 2025). See, e.g., Pettitt v. Chiang, 357 F. 14 App’x 50, 51 (9th Cir. 2009); Alaska Limestone, 799 F.2d at 1411 (“The district court may 15 extend this period if two requirements are met[.]”). 16 Here, the Court ordered the case remanded on May 1…
- Martinez v. United States, 126 Fed. Cl. 522 (Fed. Cl. 2016).publishedCo., 996 F.2d 1111, 1114 (11th Cir.1993); Alaska Limestone Corp. v. Hodel, 799 F.2d 1409, 1411 (9th Cir.1986).
- In re: Michael Peter Spitzauer, No. WW-11-1180-JuHKi (B.A.P. 9th Cir. Apr. 6, 2012).unpublishedAlaska 7 Limestone Corp. v. Hodel, 799 F.2d 1409, 1411 (9th Cir. 1986). 8 A bankruptcy court abuses its discretion when it makes an error 9 of law, when it rests its decision on clearly erroneous findings 10 of fact, or when we are left wi…
- United States Ex Rel. Haight v. Catholic Healthcare West, 602 F.3d 949 (9th Cir. 2010).publishedWe so held, in Alaska Limestone Corp. v. Hodel, 799 F.2d 1409, 1411 (9th Cir.1986) (per curiam), even before Bowles instructed us that timeliness limitations enacted by statute are jurisdictional, 551 U.S. at 212-13 , 127 S.Ct. 2360 .
- United States Ex Rel. Haight v. Catholic Healthcare West, 594 F.3d 694 (9th Cir. 2010).published We so held, in Alaska Limestone Corp. v. Hodel, 799 F.2d 1409, 1411 (9th Cir.1986) (per curiam), even before Bowles instructed us that timeliness limitations enacted by statute are jurisdictional, 551 U.S. at 212-13 , 127 S.Ct. 2360 .
- John Pettitt v. John Chiang, 357 F. App'x 50 (9th Cir. 2009).unpublished“mandatory and jurisdictional”
- Pack v. McCausland, 300 F. App'x 541 (9th Cir. 2008).unpublishedAlaska Limestone Corp. v. Hodel, 799 F.2d 1409, 1411 (9th Cir.1986).
- SN Servicing Corp. v. Kloza, 222 F. App'x 547 (9th Cir. 2007).unpublished“Inadvertence or mistake of counsel ... does not constitute excusable neglect under this standard”
- Dalip Singh v. Alberto R. Gonzales, Attorney Gen., 469 F.3d 863 (9th Cir. 2006).publishedIn Alaska Limestone Corp. v. Hodel, 799 F.2d 1409, 1411 (9th Cir.1986) (per curiam), we refused to excuse noncompliance with these time limits even if the district court clerk failed to notify counsel of the entry of final judgment, becaus…
- Dalip Singh v. Gonzales, No. 04-72701 (9th Cir. Nov. 27, 2006).publishedIn Alaska Limestone Corp. v. Hodel, 799 F.2d 1409, 1411 (9th Cir. 1986) (per curiam), we refused to excuse noncompliance with these time limits even if the district court clerk failed to notify counsel of the entry of final judgment, becau…
Show 35 more citing cases
- Graves v. Rebel Rents, Inc. (In Re Rebel Rents, Inc.), 326 B.R. 791 (Bankr. C.D. Cal. 2005).published Pratt v. McCarthy, 850 F.2d 590, 592 (9th Cir.1988); Alaska Limestone Corp. v. Hodel, 799 F.2d 1409, 1411 (9th Cir.1986) (per curiam); Oregon v. Champion Int’l Corp., 680 F.2d 1300 , 1301 (9th Cir.1982).
- United States v. Essell, 97 F. App'x 158 (9th Cir. 2004).unpublishedWe review the district court’s denial of an extension of time to file a notice of appeal for abuse of discretion, see Alaska Limestone Corp. v. Hodel, 799 F.2d 1409, 1411 (9th Cir.1986), and we affirm.
- Marin v. Tarr, 83 F. App'x 946 (9th Cir. 2003).unpublishedWe review for abuse of discretion both the denial of a motion for an extension of time to file a notice of appeal, Alaska Limestone Corp. v. Hodel, 799 F.2d 1409, 1411 (9th Cir.1986) (per curiam), and the imposition of pre-filing restricti…
- Tarka v. Malone, 23 F. App'x 871 (9th Cir. 2002).unpublishedAlaska Limestone Corp. v. Hodel, 799 F.2d 1409, 1411 (9th Cir.1986).
- In Re Herdmann, 242 B.R. 163 (Bankr. S.D. Ohio 1999).publishedThe court in Mayville found that “a party has an independent duty to keep informed, and a third party’s failure to inform a party of entry of final judgment is not grounds for excusable neglect.” Mayville, 996 F.2d 1215 , 1993 WL 213684 at…
- Andrill Music Publ'g, Ricardo A. Wilson, Louis W. Wilson, & Carlos D. Wilson v. Epmd, an Org. Unknown, Rush Commc'ns, Rush Associated Labels, Erick Sermon, Parrish Smith, & George Spivey, Mandrill Music Publ'g, Ricardo A. Wilson, Louis W. Wilson, & Carlos D. Wilson v. Pub. Enemy, an Org. Unknown, Def Jam Recordings, AKA Def Jam, Chaos Recordings, Columbia Records, & Sony Music Ent., Inc., 129 F.3d 126 (9th Cir. 1997).unpublishedAlaska Limestone Corp. v. Hodel, 799 F.2d 1409, 1411 (9th Cir.1986) (per curiam).
- Belfance v. Black River Petroleum, Inc. (In Re Hess), 209 B.R. 79 (B.A.P. 6th Cir. 1997).publishedThe bankruptcy court held that the appellant had not shown “excusable neglect.” On appeal, the court of appeals noted that “a party has an independent duty to keep informed, and a third party’s failure to inform a party of entry of final j…
- Sol F. Marx Harry F. Crooks & Dallas D. Hann v. Loral Corp., a New York Corp. Goodyear Tire & Rubber Co., Inc., an Arizona Corp. Goodyear Aerospace Corp., an Arizona Corp., Sol F. Marx Harry F. Crooks & Dallas D. Hann, on Behalf of Himself & All Others Similarly Situated v. Loral Corp., a New York Corp. Goodyear Aerospace Corp., an Arizona Corp., 87 F.3d 1049 (9th Cir. 1996).publishedPratt, 850 F.2d at 592 -93 (citing Alaska Limestone Corp. v. Hodel, 799 F.2d 1409, 1411 (9th Cir.1986) (per curiam); Islamic Republic of Iran v. Boeing Co., 739 F.2d 464, 465 (9th Cir.1984) (per curiam); and other Ninth Circuit cases).
- Marx v. Loral Corp., 87 F.3d 1049 (9th Cir. 1996).publishedPratt, 850 F.2d at 592 -93 (citing Alaska Limestone Corp. v. Hodel, 799 F.2d 1409, 1411 (9th Cir.1986) (per curiam); Islamic Republic of Iran v. Boeing Co., 739 F.2d 464, 465 (9th Cir.1984) (per curiam); and other Ninth Circuit cases).
- United States v. John Joseph Vaccaro, & Rochelle Bell, Doing Bus. as Bell Bail Bonds, Real Party in Interest-Appellant, 51 F.3d 189 (9th Cir. 1995).publishedEven if such a motion could now be entertained, we have held that “[i]nadvertence or mistake of counsel ... does not constitute excusable neglect.” Alaska Limestone Corp. v. Hodel, 799 F.2d 1409, 1411 (9th Cir.1986).
- Richard Berkey v. Texaco Inc., 45 F.3d 435 (9th Cir. 1994).publishedAlaska Limestone Corp. v. Hodel, 799 F.2d 1409, 1411 (9th Cir.1986).
- Paul Gulbenkian v. Inryco, Inc., 42 F.3d 1399 (9th Cir. 1994).unpublished Alaska Limestone Corp. v. Hodel, 799 F.2d 1409, 1411-12 (9th Cir.1986) (per curiam).
- Emmitt D. Walls v. Indus. Comm'n of Arizona, U.S. Com. Cabinet & Fixtures, Inc & Special Fund Div., No Ins. Section, 12 F.3d 1111 (9th Cir. 1993).unpublished Alaska Limestone Corp. v. Hodel, 799 F.2d 1409, 1411 (9th Cir.1986).
- In re Jamison, 12 F.3d 212 (6th Cir. 1993).unpublishedAlaska Limestone Corp. v. Hodel, 799 F.2d 1409, 1411-12 (9th Cir.1986). 11 Similarly, the debtors' argument that noncompliance with Local Rule 16 denied them meaningful notice and the opportunity to appeal is also not well-taken.
- In Re Ccc Bes, P.C., Fka McLean Clinic, P.C., Debtor. John Mitchell, Tr. v. Nat'l Mgmt. Servs., Inc., 12 F.3d 1105 (9th Cir. 1993).unpublished See In re Slimick, 928 F.2d at 310 ; Alaska Limestone Corp. v. Hodel, 799 F.2d 1409, 1411-12 (9th Cir.1986).
- Nat'l Labor Relations Bd. v. Show Indus., Inc., 12 F.3d 1107 (9th Cir. 1993).unpublished(The unique circumstances doctrine only applies when a party delays filing a notice of appeal in reliance on judicial action that indicated to the party that its notice of appeal would be timely.)
- Frank H. Martin, Joanne D. Martin v. Cnty. of Stanislaus, 5 F.3d 537 (9th Cir. 1993).publishedFed.R.App.P. 4(a)(5).' ") (quoting Alaska Limestone Corp. v. Hodel, 799 F.2d 1409, 1411 (9th Cir.1986)). 21 The Sprout court, however, was merely quoting from Rule 4(a)(5).
- Merlin Hansen Dolores Hansen v. United States of Am. C. Frias, Revenue Officer T. Lapuh, Revenue Officer, 999 F.2d 543 (9th Cir. 1993).unpublishedAlaska Limestone Corp. v. Hodel, 799 F.2d 1409, 1411-12 (9th Cir.1986) (per curiam).
- In re Mayville Feed & Grain Inc., 996 F.2d 1215 (6th Cir. 1993).unpublishedAlaska Limestone Corp. v. Hodel, 799 F.2d 1409, 1411-12 (9th Cir.1986).
- Farm Credit Bank of Spokane v. Duvall, 993 F.2d 882 (9th Cir. 1993).unpublishedFed.R.App.P. 4(a)(5); Alaska Limestone Corp. v. Hodel, 799 F.2d 1409, 1411 (9th Cir.1986).
- United States v. Michael K. Stirn, 981 F.2d 1260 (9th Cir. 1992).unpublished “extraordinary cases where injustice would otherwise result”
- O'Rourke v. Maxwell Labs., 967 F.2d 589 (9th Cir. 1992).unpublished Inadvertence or mistake of counsel ... does not constitute excusable neglect." Alaska Limestone Corp. v. Hodel, 799 F.2d 1409, 1411 (9th Cir.1986) (quotations omitted). 4 Here, the plaintiffs failed to file a timely notice of appeal from t…
- Anning-Johnson Co. v. Coliseum Constr., Inc. Maritza Capous, 956 F.2d 274 (9th Cir. 1992).unpublishedAlaska Limestone Corp. v. Hodel, 799 F.2d 1409, 1411 (9th Cir.1986).
- Elmer Gerard Pratt v. D.J. McCarthy Superintendent, 850 F.2d 590 (9th Cir. 1988).published
- Clarissa Marsh v. Gloria Richardson, 873 F.2d 129 (6th Cir. 1989).published
- Renzalo Melton v. Anthony Frank, 891 F.2d 1054 (2d Cir. 1989).published
- United States v. Gene Allen, 907 F.2d 151 (6th Cir. 1990).unpublished
- Medicare&medicaid Gu 38,961 United States of Am. v. Prairie Pharmacy, Inc., 921 F.2d 211 (9th Cir. 1990).published
- Fred Stadlberger v. Louis W. Sullivan, M.D., Sec'y of Health & Human Servs., 947 F.2d 951 (9th Cir. 1991).unpublished
- Ernest P. Lampert Delphine Lampert v. United States, 951 F.2d 360 (9th Cir. 1991).unpublished
- Dawn v. Margolis, 952 F.2d 1399 (9th Cir. 1992).unpublished
- United States v. Malcolm T. Hardy, 953 F.2d 1388 (9th Cir. 1992).unpublished
- Dale A. Price, Plaintiff-Cross-Defendant-Appellant v. Thomas Seydel & Nalani Seydel, Husband & Wife, Defendants-Cross-Claimants-Appellees, 961 F.2d 1470 (9th Cir. 1992).published
- Grant Reynolds, & the Est. of Dale C. Eckert Corp. v. Philip B. Wagner William Simon, 55 F.3d 1426 (9th Cir. 1995).published
- Martinez v. Peelle Fin. Corp. (In Re Martinez), 97 B.R. 578 (B.A.P. 9th Cir. 1989).published
At page 1412 Duty to keep informed regarding case progress23 citing cases“a party has an independent duty to keep informed and mere failure of the clerk to notify the parties that judgment has been entered does not provide grounds for excusable neglect or warrant an extension of time.”
- Patchet v. Anwiler (In Re Anwiler), 115 B.R. 661 (B.A.P. 9th Cir. 1990).published (doctrine does not apply to clerk’s failure to notify one of two co-counsel of the entry of final judgment)
- Abrams v. AMC Liquidating Trust (In Re Am. Metrocomm Corp.), 328 B.R. 92 (Bankr. D. Del. 2005).publishedMoreover, a party’s failure to receive notice of the entry of an order does not amount to excusable neglect, because a party has an independent duty to keep informed of the progress in his or her case. 1 Cf. Alaska Limestone Corp. v. Ho *9…
- Graves v. Rebel Rents, Inc. (In Re Rebel Rents, Inc.), 326 B.R. 791 (Bankr. C.D. Cal. 2005).published Pratt v. McCarthy, 850 F.2d 590, 592 (9th Cir.1988); Alaska Limestone Corp. v. Hodel, 799 F.2d 1409, 1411 (9th Cir.1986) (per curiam); Oregon v. Champion Int’l Corp., 680 F.2d 1300 , 1301 (9th Cir.1982).
- Ek v. Boggs, 75 P.3d 1180 (Haw. 2003).publishedIn Enos II, this court applied an excusable neglect standard and noted that “[a] party has an independent duty to keep informed and mere failure of the clerk to notify the *300 parties that judgment has been entered does not provide ground…
- In Re DeLaughter, 295 B.R. 317 (Bankr. N.D. Ind. 2003).published“has an independent duty to keep informed and mere failure of the clerk to notify parties that a judgment has been entered does not provide grounds for excusable neglect or warrant an extension of time”
- Spear v. Schafler (In Re Schafler), 263 B.R. 296 (N.D. Cal. 2001).published“in ‘extraordinary cases where injustice would otherwise result”
- Dept. of Agric. v. Henry Bros., No. 97-6079 (B.A.P. 8th Cir. Nov. 14, 1997).publishedAlaska Limestone Corporation v. Hodel, 799 F.2d 1409, 1412 (9th Cir. 1986).
- In re Bulldog Trucking, Inc., 89 F.3d 827 (4th Cir. 1996).unpublishedThe opinion is filed by a quorum of the panel pursuant to 28 U.S.C. § 46 (d) 1 See Marcangelo v. Boardwalk Regency, 47 F.3d 88, 90 (3d Cir.1995) 2 Id 3 Id.; Alaska Limestone Corp. v. Hodel, 799 F.2d 1409, 1412 (9th Cir.1986); Gooch v. Skel…
- In re: Bulldog Trkg v., No. 95-2078 (4th Cir. July 2, 1996).unpublishedAFFIRMED _________________________________________________________________ 1 See Marcangelo v. Boardwalk Regency, 47 F.3d 88, 90 (3d Cir. 1995). 2 Id. 3 Id.; Alaska Limestone Corp. v. Hodel, 799 F.2d 1409, 1412 (9th Cir. 1986); Gooch v. Sk…
- Enos v. Pac. Transfer & Warehouse, Inc., 910 P.2d 116 (Haw. 1996).published“A party has an independent duty to keep informed and mere failure of the clerk to notify the parties that judgment has been entered does not provide grounds for excusable neglect or warrant an extension of time”
Show 13 more citing cases
- Key Bar Investments, Inc. v. Cahn (In Re Cahn), 188 B.R. 627 (B.A.P. 9th Cir. 1995).publishedIn re Sweet Transfer & Storage, Inc., 896 F.2d 1189, 1193 (9th Cir.1990); Alaska Limestone, 799 F.2d at 1412; In re Stagecoach Utilities, Inc., 86 B.R. 229, 230 (9th Cir. BAP 1988).
- Richard Berkey v. Texaco Inc., 45 F.3d 435 (9th Cir. 1994).publishedAlaska Limestone Corp. v. Hodel, 799 F.2d 1409, 1411 (9th Cir.1986).
- United States v. Mary Te Selle, 34 F.3d 909 (9th Cir. 1994).publishedAlaska Limestone Corp. v. Hodel, 799 F.2d 1409, 1412 (9th Cir.1986).
- In re Judkins, 28 F.3d 106 (9th Cir. 1994).unpublishedCo. v. Wheeler, 838 F.2d 338, 340 (9th Cir.1988); Alaska Limestone Corp. v. Hodel, 799 F.2d 1409, 1412 (9th Cir.1986). 7 Here, the bankruptcy court's order withdrawing the trustee's "report of no assets" was entered on August 17, 1992.
- Samuel H. Sloan v. Fredrick H. Murphy, Holden-Day, Inc. Tom Palmer & Ron Palmer, 15 F.3d 1089 (9th Cir. 1994).publishedAlaska Limestone Corp. v. Hodel, 799 F.2d 1409, 1412 (9th Cir.1986).
- Jack C. Smith v. Anthony M. Frank, Postmaster Gen., 15 F.3d 1089 (9th Cir. 1994).publishedAlaska Limestone Corp. v. Hodel, 799 F.2d 1409, 1412 (9th Cir.1986). 11 Smith does not dispute that his local counsel received a copy of the notice of entry of judgment. 2 Under Link and Alaska Limestone, Smith had notice and, thus, the di…
- In Re Klaus W. Lehmann, Debtor, Klaus W. Lehmann Leonard Thomas Bradt v. Wells Fargo Credit Corp., 978 F.2d 715 (9th Cir. 1992).unpublishedZurich Insurance Co. v. Wheeler, 838 F.2d 338, 340 (9th Cir.1988); Alaska Limestone Corp. v. Hodel, 799 F.2d 1409, 1412 (9th Cir.1986). 6 Here, the bankruptcy court's final judgment was entered on October 14, 1991.
- In re Hurt, 976 F.2d 737 (9th Cir. 1992).unpublishedAlaska Limestone Corp. v. Hodel, 799 F.2d 1409, 1412 (9th Cir.1986). 9 Here, Sunway's counsel contends that--through a mistake attributable to his office staff--the response was mistakenly delivered to the Arizona Bankruptcy Court rather t…
- Anning-Johnson Co. v. Coliseum Constr., Inc. Maritza Capous, 956 F.2d 274 (9th Cir. 1992).unpublishedAlaska Limestone Corp. v. Hodel, 799 F.2d 1409, 1411 (9th Cir.1986).
- In re Richmond, 956 F.2d 275 (9th Cir. 1992).unpublished
- John H. Todd v. John Slansky, 60 F.3d 835 (9th Cir. 1995).published
- Vial v. Lappin, No. 98-7649 (4th Cir. May 5, 1999).unpublished
- Mihilli v. Gaughan, 37 F. App'x 325 (9th Cir. 2002).unpublished
v.
Donald HODEL, Secretary, United States Department of the Interior, William J. Whalen, Director, National Park Service and the United States of America
OPINION *
PER CURIAM:The district court denied appellant Alaska Limestone Corporation’s motion for an extension of time in which to file a notice of appeal. Alaska Limestone claims that the failure of the district court clerk to send notice of the entry of judgment to one of its two counsel of record justified a grant of its untimely motion. We affirm.
FACTS
On April 12, 1985, the district court granted summary judgment against Alaska Limestone on the merits of the underlying case. The summary judgment motion had been pending since August 1983. The district court clerk sent a copy of the judgment to the Anchorage office of Edgar Boyko, one of Alaska Limestone’s two counsel of record. Boyko was on an extended visit to his San Diego office when it arrived. His staff placed the notice in the case file on the assumption that Charles Tulin, Alaska Limestone’s other counsel, had received a copy and would take whatever action was necessary while Boyko was away. Tulin, however, had not been sent a notice of judgment. This was in spite of his earlier request to the district court that he be notified of changes in the case’s status in lieu of Boyko.
As a result of the confusion surrounding the clerk’s notice, Alaska Limestone did not[*1411] discover that a final judgment had been entered against it until after the sixty-day period for appeal had run. It finally filed a notice of appeal on July 16, 1985, 95 days after the entry of judgment. The following day, it filed a motion for extension of time to file the notice of appeal.
The district court denied the motion for an extension of time. Alaska Limestone Corp. v. Hodel, D.C. Alaska, 1985, 107 F.R.D. 105. It held that the motion was barred as a matter of law because it had been filed after the time period prescribed by Federal Rule of Appellate Procedure 4(a). Id. at 106. In addition, the court found that even if Alaska Limestone had timely filed its motion, it had not made a showing of excusable neglect or good cause as required by Rule 4(a)(5). Id. at 106-07. Alaska Limestone timely appeals the district court's decision.
STANDARD OF REVIEW
This court reviews the district court’s denial of a motion for an extension of time to file a notice of appeal for abuse of discretion. Islamic Republic of Iran v. Boeing Co., 9 Cir., 1984, 739 F.2d 464, 465. A court abuses its discretion when it bases its decision on an erroneous conclusion of law or when the record contains no evidence on which it could rationally have based its decision. B.P. North America Trading v. Vessel Panamax Nova, 9 Cir., 1986, 784 F.2d 975, 976-77.
DISCUSSION
Rule 4(a) of the Federal Rules of Appellate Procedure governs district court consideration of a motion for an extension of time to file a notice of appeal. It sets a sixty-day period for filing a notice of appeal in a civil action in which the United States or one of its officers is a party. Fed.R.App.P. 4(a)(1). The district court may extend this period if two requirements are met: (1) the motion for the extension of time is filed no later than 30 days after the expiration of the original appeal period; and (2) the moving party makes a sufficient showing of “excusable neglect or good cause” for not meeting the original deadline. Fed.R.App.P. 4(a)(5).
In this case, the district court correctly held that Alaska Limestone failed to meet either of these requirements. Alaska Limestone did not file its motion for an extension of time until thirty-six days after expiration of the sixty-day appeal period set by Rule 4(a). The requirement that motions for extension be filed within thirty days of the original deadline is mandatory and jurisdictional. Mayfield v. United States Parole Commission, 10 Cir., 1981, 647 F.2d 1053, 1055; Williams v. United States, 5 Cir., 1977, 553 F.2d 420, 422-23; 9 Moore’s Federal Practice ¶ 204.13[2] at 4-104; cf. Browder v. Director, Illinois Dept. of Corrections, 1978, 434 U.S. 257, 264, 98 S.Ct. 556, 560, 54 L.Ed.2d 52. Thus, Alaska Limestone’s failure to make a timely motion to file a notice of appeal out of time prohibits either the district court or this court from reviving its right to appeal.
The district court was also correct in finding that Alaska Limestone did not meet the excusable neglect requirement of Rule 4(a)(5). In this circuit, the standard for determining excusable neglect is “a ‘strict’ one.” Selph v. City Council of Los Angeles, 9 Cir., 1979, 593 F.2d 881, 883 (quoting Advisory Committee Notes to the 1966 Amendment to Fed.R.Civ.P. 73, the predecessor to Rule 4(a)). It only allows an extension of time in “extraordinary cases where injustice would otherwise result.” Oregon v. Champion Int’l Corp., 9 Cir., 1982, 680 F.2d 1300, 1301; see Islamic Republic of Iran, 739 F.2d at 465. Inadvertence or mistake of counsel, including that attributable to office staff, does not constitute excusable neglect under this standard. Oregon v. Champion Int’l Corp., 680 F.2d at 1301. See also Sprout v. Farmers Insurance Exchange, 9 Cir., 1982, 681 F.2d 587, 588; In re Donnell, 9 Cir., 1981, 639 F.2d 535, 539.
Alaska Limestone’s arguments that this case fails outside these general rules are without merit. This case does not present the “unique circumstances” that have sometimes prompted the courts to grant an extension of time to an otherwise untimely notice of appeal. The unique cir[*1412]cumstances doctrine only applies when a party delays filing a notice of appeal in reliance on judicial action that indicated to the party that its notice of appeal would be timely. See, e.g., Thompson v. INS, 1964, 375 U.S. 384, 387, 84 S.Ct. 397, 398, 11 L.Ed.2d 404; Harris Truck Lines, Inc. v. Cherry Meat Packers, Inc., 1962, 371 U.S. 215, 217, 83 S.Ct. 283, 285, 9 L.Ed.2d 261; National Industries, Inc. v. Republic National Life Insurance Co., 9 Cir., 1982, 677 F.2d 1258, 1264; People of California v. Tahoe Regional Planning Agency, 9 Cir., 1985, 766 F.2d 1316, 1318. It does not apply to a clerk’s failure to notify counsel of the entry of final judgment. A party has an independent duty to keep informed and mere failure of the clerk to notify the parties that judgment has been entered does not provide grounds for excusable neglect or warrant an extension of time. Mennen Co. v. Gillette Co., 2d Cir.1983, 719 F.2d 568, 570; see Gooch v. Skelly Oil Co., 10 Cir., 1974, 493 F.2d 366, 370, cited with approval in Islamic Republic of Iran, 739 F.2d at 465; Fed.R.Civ.P. 77(d). Moreover, receipt of notice by * one of two counsel of record, as here, sufficiently informs the party of the entry of judgment. Gooch, 493 F.2d at 370. Alaska Limestone’s reliance on the district court to send the notice of judgment to one counsel rather than the other does not, therefore, constitute a unique circumstance exempting it from Rule 4(a)’s requirement that a motion for an extension of time and notice of appeal be timely filed.
Alaska Limestone also claims that the district court could have granted an extension of time under the independent authority of Local District Court Rule 32(B). It provides that the court “may change or dispense with any of these rules if the interests of justice so requires.” Alaska Limestone’s reliance on this “interest of justice” provision is misplaced. Local district court rules are adopted pursuant to Federal Rule of Civil Procedure 83, which authorizes adoption of “rules governing [district court] practice not inconsistent with these rules.” Fed.R.Civ.P. 77(d), in turn, states that “[l]ack of notice of the entry [of judgment] by the clerk does not affect the time to appeal or relieve or authorize the court to relieve a party for failure to appeal within the time allowed, except as permitted in Rule 4(a) of the Federal Rules of Appellate Procedure.” The use of Local Rule 13(B) to dispense with Rule 4(a)’s requirements would thus be inconsistent with the federal rules and is prohibited by them. Fed.R.Civ.P. 83.
AFFIRMED.
This opinion was prepared by Judge Duniway prior to his death on August 23, 1986, but was not circulated. Under court policy, Judge Nelson was randomly selected to replace Judge Duniway on this panel. The panel unanimously adopts Judge Duniway’s opinion.