Politte et al v. United States of America

Filing 351

ORDER denying 340 Motion to Withdraw as Attorney. Signed by Judge Anthony J. Battaglia on 5/25/12. (cge)

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UNITED STATES DISTRICT COURT
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SOUTHERN DISTRICT OF CALIFORNIA
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Robert A. Politte, et al.,

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Plaintiffs,
v.

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United States of America,
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Defendant.
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Civil No. 07cv1950 AJB (WVG)
ORDER DENYING MOTION
TO WITHDRAW AS COUNSEL
[Doc. No. 340]

On April 10, 2012, Plaintiffs’ counsel filed a motion to withdraw as counsel, [Doc. No. 340], and

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a hearing on the motion was set for May 25, 2012. Subsequent to the filing of the motion to withdraw,

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Plaintiffs’ counsel filed notices of appeal on May 18, 2012, [Doc. Nos. 342-344], of the final judgment,

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[Doc. No. 335], entered by the Court on March 21, 2012 in this case.

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A district court is divested of jurisdiction upon the filing of a notice of appeal of a final

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judgment, because the district court may not change the status of the case while it is on appeal. Laurino

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v. Syringa Gen. Hosp., 279 F.3d 750, 755 (9th Cir. 2002); Pyrodyne Corp. v. Pyrotronics Corp., 847

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F.2d 1398, 1403 (9th Cir.1988); McClatchy Newspapers v. Central Valley Typographical Union No. 46,

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686 F.2d 731, 734-35 (9th Cir.1982). The effective filing of a notice of appeal transfers jurisdiction from

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the district court to the court of appeals with respect to all matters involved in the appeal. Griggs v.

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Provident Consumer Discount Co., 459 U.S. 56, 103 S.Ct. 400, 402, 74 L.Ed.2d 225 (1982) (per
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07cv1950

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curiam). Since granting Plaintiffs’ counsel’s motion the representation of the Plaintiffs Based upon the

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foregoing, Plaintiffs’ counsel’s motion to withdraw as counsel is hereby DENIED.

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IT IS SO ORDERED.

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DATED: May 25, 2012

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Hon. Anthony J. Battaglia
U.S. District Judge

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K:\COMMON\BATTAGLI\DJ CASES\2 Orders to be filed\07cv1950.Politte.Order.Deny.Mot.WD.wpd

07cv1950