Linda B. Jones v. Unum Life Insurance Company of America ( 2000 )

JOSÉ A. CAJBRANES, Circuit Judge,

concurring:

I concur in the judgment of the Court and in Judge Kearse’s thorough opinion. I write separately merely to stress that whether, or under what circumstances, a party’s time to appeal is extended by a motion pursuant to Federal Rules of Civil Procedure 59 or 60, when that motion seeks reconsideration solely of a district court’s denial of attorney’s fees, and such denial was part and parcel of the court’s judgment on the merits, remains an open question in this Circuit. Cf. Ramsey v. Colonial Life Ins. Co. of Am., 12 F.3d 472 (5th Cir.1994) (holding that when a district court has entered a final judgment on the merits, including a denial of attorney’s fees, a Rule 59 (e) motion for reconsideration of the denial of attorney’s fees alone operates to extend the time for appeal); Hastert v. Illinois State Bd. of Election Comm’rs, 28 F.3d 1430, 1437-38 & n. 8 (7th Cir.1993) (similar); Charles v. Daley, 799 F.2d 343, 347 (7th Cir.1986) (similar); Utah Women’s Clinic, Inc. v. Leavitt, 75 F.3d 564, 566-69 (10th Cir.1995) (distinguishing Ramsey, and holding that a post-judgment motion for reconsideration of a decision with respect to attorney’s fees, when further proceedings in the district court are clearly contemplated, does not operate to extend the time for appeal).