## PRESERVATION PLAN

All deadlines are **file deadlines**, not service deadlines, and can be met by e-filing by **11:59 p.m. local court time**.

| Deadline | Action | If missed |
|---|---:|---|
| **May 15, 2026** | File the **attorney-fee motion** for the $185,000 in fees. This is 14 days after the May 1 judgment; May 1 is excluded, so day 14 is May 15. No statute or order gives a later fee deadline. | The fee claim is forfeited/waived; the court can deny an untimely fee motion. The fee motion also does not toll the appeal deadline. |
| **May 29, 2026** | File the **Rule 1 motion**: a motion to alter/amend the judgment to add $42,000 in prejudgment interest and, in the alternative, a motion for a new trial based on the witness exclusion. This is the 28th day after May 1. | The district court cannot grant Rule 1 relief, and the appeal clock is not tolled. The original appeal deadline would then remain **June 1, 2026**. |
| **June 1, 2026** | This is the original notice-of-appeal deadline if **no** timely Rule 1 motion is filed. May 1 is excluded; the 30th day is May 31, a Sunday, so the deadline moves to Monday, June 1. | The appeal from the May 1 judgment is untimely; appellate review is lost. |
| **August 10, 2026** | File the notice of appeal if the Rule 1 motion is denied and the denial order is entered on **July 10, 2026**. The new 30-day period begins July 11; the 30th day is August 9, a Sunday, so the deadline moves to Monday, August 10. | The appeal is untimely; the final judgment and the denial of the Rule 1 motion become final and unappealable. |

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## Specific answers to the preservation questions

### 1. Attorney-fee motion deadline

**File by May 15, 2026.**

Do **not** wait until the merits motion is decided. The fee motion can ask the district court to defer ruling until after the Rule 1 motion is resolved, but it must be **filed** by May 15. It does not toll the appeal deadline.

### 2. Rule 1 motion deadline

**File by May 29, 2026.**

The motion must do two things, with the correct substance and labeling:

- request alteration/amendment of the judgment to include the omitted $42,000 prejudgment interest; and  
- in the alternative, request a new trial on the ground that the witness exclusion was erroneous and prejudicial.

A document labeled only “Motion to Reconsider Evidentiary Ruling” will not satisfy this.

### 3. Original notice-of-appeal deadline if no tolling motion

**June 1, 2026.**

The judgment was entered Friday, May 1, 2026. Thirty calendar days later is May 31, 2026, a Sunday, so the deadline becomes Monday, June 1, 2026.

### 4. Does the May 8 motion toll anything?

**No.**

The May 8 “Motion to Reconsider Evidentiary Ruling” is not a Rule 1 motion. It asks only for reconsideration of the evidentiary ruling; it does not request alteration of the judgment, a new trial, or other Rule 1 relief. Therefore:

- it does **not** toll the appeal clock;
- it does **not** extend the Rule 1 motion deadline;
- it does **not** extend the attorney-fee motion deadline;
- it does **not** alter the judgment.

It may be useful for preserving the evidentiary issue in the district court, but it is not a tolling motion.

### 5. What the planned Rule 1 motion must request and when

The planned Rule 1 motion must be filed **by May 29, 2026**, and must expressly request:

1. amendment of the judgment to add $42,000 in prejudgment interest; and  
2. in the alternative, a new trial based on the exclusion of the witness.

It should be titled clearly, for example: “Plaintiff’s Motion to Alter or Amend the Judgment and, in the Alternative, for New Trial.” It must state grounds with specificity. Do not rely on the May 8 motion as the Rule 1 motion.

### 6. Notice of appeal after July 10 denial

If the Rule 1 motion is denied by order entered **Friday, July 10, 2026**, the new notice-of-appeal deadline is:

**Monday, August 10, 2026.**

Compute: July 10 is excluded; the 30th day is August 9, 2026, a Sunday; the deadline moves to August 10.

### 7. Should the notice of appeal be filed before or after disposition?

**After disposition is the safer approach.**

Because a timely Rule 1 motion tolls the appeal clock, you do **not** need to file the notice of appeal before the district court decides it. Wait until the court enters the order denying the Rule 1 motion, then file the notice of appeal no later than **August 10, 2026**.

A premature notice filed before disposition would become effective upon disposition, but the rules state that filing a proper later notice is safer. If there is any doubt about whether the Rule 1 motion will be deemed timely, filing a protective notice of appeal by **June 1, 2026** may be prudent, but it is not required if the Rule 1 motion is timely and tolls the appeal.

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## Bottom line

| Item | Final deadline |
|---|---|
| Attorney-fee motion | **May 15, 2026** |
| Rule 1 motion to alter/amend and for new trial | **May 29, 2026** |
| Original notice of appeal if no Rule 1 motion | **June 1, 2026** |
| Notice of appeal after Rule 1 denial on July 10, 2026 | **August 10, 2026** |