Commercial Litigation and Arbitration

Failure to Appeal Magistrate Judge’s Decision to District Court in Timely Fashion Waives Objections

Shell’s Disposal & Recycling, Inc. v. City of Lancaster, 2012 U.S. App. LEXIS 23549 (3d Cir. Nov. 16, 2012):

Footnote 9. To the extent that Shell's Disposal challenges Judge Wells's authority to issue the January 15, 2010 order closing the case, that claim is also unavailing. The Company had the right to appeal or file objections to that order, yet failed to do so. We have made clear that "in civil cases, the right to appeal the ruling of a magistrate judge is waived if reconsideration before the district court is not sought in a timely fashion." United States v. Polishan, 336 F.3d 234, 240 (3d Cir. 2003). Shell's Disposal did not formally object to the January 15, 2010 order until almost two years later, far exceeding the 14-day period in which to file timely objections, E.D. Pa. Civ. Rule 72.1, and the 30-day window for appeals, Fed. R. App. P. 4(a)(1)(A). It has thus waived any challenge to the Janu-ary 15 order.

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