Docket Nos. 10-4588(L), 11-0408(XAP).

708 F.3d 327 (2013)

In re WORLDCOM, INC., Debtor. Communications Network International, Ltd., Defendant-Appellant-Cross Appellee, v. MCI WorldCom Communications, Inc., f/k/a WorldCom Technologies, Inc., Plaintiff-Appellee-Cross Appellant.

United States Court of Appeals, Second Circuit.

Decided: January 24, 2013.

Attorney(s) appearing for the Case

William Mark Mullineaux , Astor Weiss Kaplan & Mandel, LLP, Attorney for Appellant-Cross Appellee Communications Network International, Ltd.

Mark A. Shaiken , Andrew W. Muller , Stinson Morrison Hecker LLP, Attorneys for Appellee-Cross Appellant MCI WorldCom Communications, Inc.

Judge LYNCH dissents in a separate opinion.

LEWIS A. KAPLAN, District Judge.

"[T]he taking of an appeal within the prescribed time is mandatory and jurisdictional."1 Litigants, moreover, have a responsibility to monitor the docket for the entry of orders they may wish to appeal.2 Nevertheless, the federal rules provide some assistance to litigants in meeting the necessary deadlines. Federal Rule of Civil Procedure 77(d) requires the clerk to send notice...


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