Michael Burtscher et al v. Ivan Rene Moore et al

Filing 303

MINUTES (IN CHAMBERS): ORDER DENYING DEFENDANT IVAN RENE MOORE'S MOTION TO STAY ORDER OR PROCEEDING FOR DEFAULT JUDGMENT PENDING APPEAL 301 by Judge Dolly M. Gee. In light of the Ninth Circuits dismissal of Moore's appeal for lack of jurisdiction, this Court retains jurisdiction over the case in its entirety, including the pending motion for default judgment. : denying 301 Motion to Stay (lom)

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES—GENERAL
Case No.

Date

CV 11-2309-DMG (JEMx)

Title Michael Burtscher, et al. v. Ivan Rene Moore, et al.
Present: The Honorable

April 11, 2013
Page

1 of 1

DOLLY M. GEE, UNITED STATES DISTRICT JUDGE

VALENCIA VALLERY
Deputy Clerk

NOT REPORTED
Court Reporter

Attorneys Present for Plaintiff(s)
None Present

Attorneys Present for Defendant(s)
None Present

Proceedings: IN CHAMBERS—ORDER DENYING DEFENDANT IVAN RENE
MOORE’S MOTION TO STAY ORDER OR PROCEEDING FOR
DEFAULT JUDGMENT PENDING APPEAL [DOC. # 301]
On February 7, 2013, this Court issued an order denying Defendant Ivan Rene Moore’s
motion to set aside entry of default. [Doc. # 256.] Defendant Moore filed a notice of appeal to
the Ninth Circuit Court of Appeals on March 1, 2013. [Doc. # 262.] On March 28, 2013, the
Ninth Circuit dismissed the appeal, finding that it lacked jurisdiction because the order denying
Moore’s motion to set aside default was not final or appealable. (Id. at 1 (citing Fed. R. Civ. P.
54(b).) Moore now asks the Court to stay adjudication of the motion for default judgment
against him, currently set for hearing on April 19, 2013, arguing that the Court lacks jurisdiction
due to the filing of a notice of appeal. [Doc. # 301.]
In light of the Ninth Circuit’s dismissal of Moore’s appeal for lack of jurisdiction, this
Court retains jurisdiction over the case in its entirety, including the pending motion for default
judgment. See 18 U.S.C. § 1291 (“The courts of appeals . . . shall have jurisdiction of appeals
from all final decisions of the district courts . . . .”); Bagdasarian Prod., LLC v. Twentieth
Century Fox Film Corp., 673 F.3d 1267, 1270 (9th Cir. 2012) (explaining that appellate courts
have jurisdiction to hear appeals from all “final decisions,” but not to review matters that remain
“open, unfinished or inconclusive”). Accordingly, Moore’s motion to stay is DENIED.
IT IS SO ORDERED.

CV-90

CIVIL MINUTES—GENERAL

Initials of Deputy Clerk MS