Papa et al v. State of Arizona et al

Filing 44

AMENDED ORDER Amending the Court's 09/11/08 43 Order to reflect that Defendants' 42 Motion to Strike is DENIED as moot rather than granted. Signed by Judge Mary H Murguia on 09/15/08. (ESL, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

GEORGE M. PAPA, and DEBRA JO PAPA, husband and wife, Plaintiffs, vs. STATE OF ARIZONA, et al., Defendants.

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No. CV 06-3060-PHX-MHM AMENDED ORDER

The Court will amend the Order issued on September 11, 2008 (Dkt. #43), to reflect that Defendants' Motion to Strike (Dkt. #42) is DENIED as moot rather than granted. The Court no longer retains jurisdiction to consider motions filed in this case pending appeal, as discussed in the Court's September 11, 2008 Order. See Dkt. #43; see also Crateo, Inc. v. Intermark, Inc., 536 F.2d 862, 869 (9th Cir. 1976) ("Because of the pending appeal, the District Court [has] no jurisdiction to enter an order under Rule 60(b)."); McManus v. District of Columbia, 545 F.Supp.2d 129, 133 (D.D.C. 2008) ("The district court does not regain jurisdiction over the aspects of the case involved in the appeal until the court of appeals issues its mandate."). /// /// /// ///

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Accordingly, IT IS HEREBY ORDERED amending the Court's September 11, 2008 Order (Dkt. #43) to reflect that Defendants' Motion to Strike (Dkt. #42) is DENIED as moot rather than granted. DATED this 15th day of September, 2008.

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