Moss et al v. United States of America

Filing 83

ORDER denying as moot 73 Motion of Judgment. Signed by Honorable Susan O. Hickey on January 22, 2019. (mll)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
SWAN B. MOSS, III, et al.

PLAINTIFFS
Consolidated Action
Case No. 4:12-cv-4030

v.
UNITED STATES OF AMERICA

DEFENDANT
ORDER

Before the Court is Plaintiffs’ Motion for Entry of Judgment Pursuant to Fed. R. Civ. P.
58(d). ECF No. 73. In the instant motion, Plaintiffs move the Court to file a final judgment pursuant
to Federal Rule of Civil Procedure 58(d). However, prior to filing the instant motion, Plaintiffs
filed a Notice of Appeal, appealing the Court’s previous ruling dismissing this matter. The Eighth
Circuit subsequently issued an opinion and judgment affirming this Court’s decision dismissing
the action. ECF Nos. 82-1, 82-2. The Eighth Circuit has now issued the formal mandate. ECF No.
82. Accordingly, in light of these facts, the Court finds that the instant motion has been rendered
moot and should be and hereby is DENIED AS MOOT.
IT IS SO ORDERED, this 22nd day of January, 2019.
/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge