Jean Paul Lauren v. Montana State University, et al
| CRUZADO, MONTANA STATE UNIVERSITY, JOHN PAXTON and BRENDA YORK |
| JEAN PAUL LAUREN |
| 19-35003 |
| January 4, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 6 Filed order (WILLIAM C. CANBY and SUSAN P. GRABER) The district court entered a final judgment on December 6, 2018. Appellant filed a motion for reconsideration of the judgment on December 13, 2018. Appellant filed a notice of appeal on January 3, 2019. On January 5, 2019, the magistrate judge issued an order denying appellants December 13, 2018 motion as moot because appellant filed a notice of appeal. Appellants December 13, 2018 motion for reconsideration was filed within 28 days after entry of the judgment. See Fed. R. App. P. 4(a)(4). Therefore, the notice of appeal is ineffective until entry of an order disposing of the motion. See id. Accordingly, this appeal is remanded to the district court for the limited purpose of permitting that court to rule on the motion for reconsideration on the merits. See Leader Natl Ins. Co. v. Indus. Indem. Ins. Co., 19 F.3d 444, 445 (9th Cir. 1994); Tripati v. Henman, 845 F.2d 205, 206 (9th Cir. 1988); see also Columbia Record Productions v. Hot Wax Records, Inc., 966 F.2d 515, 516-17 (9th Cir. 1992) (holding that absent consent, a federal magistrate judge lacked authority to render a post-judgment decision that has a dispositive effect on the parties). Proceedings in this appeal continue to be held in abeyance pending the district courts resolution of the December 13, 2018 motion. Within 14 days after the district courts ruling on the pending motion, appellant shall file a written notice in this court: (1) informing this court of the district courts ruling; and (2) stating whether appellant intends to prosecute this appeal. To appeal the district courts ruling on the post-judgment motion, appellant must file an amended notice of appeal within the time prescribed by Federal Rule of Appellate Procedure 4. The Clerk shall serve this order on the district court. [11211429] (CKP) [Entered: 02/28/2019 12:31 PM] |
| Filing 5 Received copy of District Court order filed on 01/08/2019, denying pltfs mtn at dkt #88, request for a schedule. [11155169] (CW) [Entered: 01/16/2019 11:09 AM] |
| Filing 4 Filed Appellant Mr. Jean Paul Lauren motion to appoint counsel. Deficiencies: None. Served on 01/11/2019. [11153295] (CW) [Entered: 01/15/2019 09:52 AM] |
| Filing 3 Filed Appellant Mr. Jean Paul Lauren motion to extend time to file appellant opening brief and all responses until 06/10/2019. Deficiencies: None. Served on 01/11/2019. [11153291] (CW) [Entered: 01/15/2019 09:51 AM] |
| Filing 2 Filed clerk order (Deputy Clerk: JW): The courts records reflect that the notice of appeal was filed during the pendency of a timely-filed motion listed in Federal Rule of Appellate Procedure 4(a)(4), and that motion is still pending in the district court. The January 3, 2019 notice of appeal is therefore ineffective until entry of the order disposing of the last such motion outstanding. See Fed. R. App. P. 4(a)(4). Accordingly, proceedings in this court are held in abeyance pending the district courts resolution of the pending December 13, 2018 motion. See Leader Natl Ins. Co. v. Indus. Indem. Ins. Co., 19 F.3d 444, 445 (9th Cir. 1994). Within 14 days after the district courts ruling on the pending motion, appellant shall file a written notice in this court: (1) informing this court of the district courts ruling; and (2) stating whether appellant intends to prosecute this appeal. To appeal the district courts ruling on the post-judgment motion, appellant must file an amended notice of appeal within the time prescribed by Federal Rule of Appellate Procedure 4. The Clerk shall serve this order on the district court. [11142296] (CKP) [Entered: 01/04/2019 03:22 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Transcript ordered by 02/04/2019. Transcript due 03/04/2019. Appellant Jean Paul Lauren opening brief due 04/15/2019. Appellees Cruzado, Montana State University, John Paxton and Brenda York answering brief due 05/13/2019. Appellant's optional reply brief is due 21 days after service of the answering brief. [11141189] (JMR) [Entered: 01/04/2019 09:08 AM] |
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