Erickson Productions Inc et al v. Kraig R Kast

Filing 198

INTERIM ORDER re 189 MOTION to Alter or Amend Judgment filed by Jim Erickson, Erickson Productions Inc. Erickson brief due by 1/10/2017. Responses due by 1/20/2017. Signed by Magistrate Judge Howard R. Lloyd on 12/22/2016. (hrllc2, COURT STAFF) (Filed on 12/22/2016)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION United States District Court Northern District of California 11 12 ERICKSON PRODUCTIONS INC, et al., Plaintiffs, 13 14 15 16 17 Case No.5:13-cv-05472-HRL INTERIM ORDER RE MOTION TO ALTER OR AMEND JUDGMENT v. KRAIG R. KAST, Defendant. Jim Erickson and Erickson Productions, Inc. (collectively, Erickson) move this court to 18 alter or amend the judgment to add judgment debtors, including The Black Oak Trust (Trust) and 19 one Marielle Baker who have made an appearance before this court. The motion is brought 20 pursuant to Fed. R. Civ. P. 69(a), which this court understands is the rule through which a party 21 may seek amendment to add judgment debtors. In re Levander, 180 F.3d 1114, 1120-21 (9th 22 Cir.1999). What this court would like Erickson to clarify is this court’s jurisdiction to entertain 23 their motion where, as here, there is a pending appeal. 24 Generally, a timely notice of appeal transfers jurisdiction to the court of appeals with 25 respect to all matters involved in the appeal. In re Mirzai, 236 B.R. 8, 10 (9th Cir. 1983). That 26 rule is not absolute; and, the district court retains jurisdiction to resolve certain matters while an 27 appeal is pending. Id. Nevertheless, [t]he trial court cannot take actions over those aspects of the 28 case involved in the appeal.” Id. “The focus is on whether the trial court is being asked to alter 1 the status quo with respect to the appeal.” Id. Is Erickson’s Fed. R. Civ. P. 69 motion one of 2 those matters which this court properly may address during appeal? 3 Erickson shall file a brief addressing this issue by January 10, 2017. To the extent they 4 wish to respond, Kast and the Trust/Baker shall file their respective briefs by January 20, 2017. 5 All briefs are limited to no more than 10 pages. Meanwhile, briefing on Erickson’s motion to alter 6 or amend the judgment will be stayed pending resolution of the threshold question re this court’s 7 jurisdiction. 8 9 SO ORDERED. Dated: December 22, 2016 10 United States District Court Northern District of California 11 HOWARD R. LLOYD United States Magistrate Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 5:13-cv-05472-HRL Notice has been electronically mailed to: 2 Richard Walter Lund 3 Kevin P McCulloch 4 Robert K Wright, 5 6 5:13-cv-05472-HRL Notice sent by U.S. Mail to: 7 Kraig Kast P.O. Box 4612 Foster City, CA 94404 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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