Appeal of Agency Decision • Noncompliance with Scheduling Order • Dismissal

Cook v. City of Philadelphia, PICS Case No. 17-1085 (C.P. Philadelphia, Jun. 14, 2017) Anders, J. (4 pages).

Plaintiff's appeal of an agency decision was properly dismissed due to his failure to file a brief in support of his appeal, as required by the court's scheduling order.

Plaintiff sought to be reinstated to the police officer recruit eligibility list for the City of Philadelphia. On September 8, 2016, the director of human resources for the city refused to reinstate him. Plaintiff then filed a timely notice of appeal with the court. On November 17, 2016, the trial court issued a scheduling order which required plaintiff to file a brief in support of his appeal by February 6, 2017. On January 25, 2017, Plaintiff filed a motion for extraordinary relief, requested a 120-day discovery period. The court denied the motion for extraordinary relief because plaintiff was not entitled to discovery on appeal.