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)

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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

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