Carter v. Carter et al

Filing 63

ORDER administratively closing the case. Signed by District Judge David M. Lawson. (DPer)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
MARC CARTER,
Plaintiff,
v.

Case Number 14-13502
Honorable David M. Lawson

ANDREW CARTER, JOSEPH
MONTGOMERY, NICHOLAS KRINGS,
and DEPUTY GALIMBERT,
Defendants.
____________________________________/
ORDER ADMINISTRATIVELY CLOSING THE CASE
On March 29, 2017, the Court issued an opinion adopting the report and recommendation
of the magistrate judge and denying the defendants’ motion for summary judgment. On April 6,
2017, the magistrate judge filed a certification stating that all pretrial proceedings had been
completed and the matter was ready for trial. However, on April 18, 2017 the defendants filed a
notice of appeal of the Court’s decision denying their motion for summary judgment, and that appeal
remains pending before the Sixth Circuit.
The Court notes that there are no matters presently pending in this litigation that require the
Court’s attention, and, in any event, the Court is precluded from addressing any issues of substance
in the case until the defendants’ appeal is resolved. “The filing of a notice of appeal is an event of
jurisdictional significance — it confers jurisdiction on the court of appeals and divests the district
court of its control over those aspects of the case involved in the appeal.” Griggs v. Provident
Consumer Disc. Co., 459 U.S. 56, 58 (1982). “It is generally understood that a federal district court
and a federal court of appeals should not attempt to assert jurisdiction over a case simultaneously.”
Ibid. In certain circumstances the district court may retain limited power to address aspects of the

case not involved in the appeal, but only when the court’s action “do[es] not threaten the orderly
disposition of the interlocutory appeal.” 16A Fed. Prac. & Proc. Juris. § 3949.1 (4th ed. 2016).
Because there is no call for further action by the Court in this matter within the immediately
foreseeable future, the Court finds that it is prudent to administratively close the case for now.
However, this closure shall not be construed as an adjudication on the merits of any claims or
defenses by any party.
Accordingly, it is ORDERED that this case is CLOSED for administrative purposes without
prejudice pending the outcome of the defendants’ appeal. This closing does not constitute a decision
on the merits.
It is further ORDERED that upon the conclusion of the proceedings on appeal, any party
may file a motion to reopen the case and restore it to the active docket.
s/David M. Lawson
DAVID M. LAWSON
United States District Judge
Dated: August 31, 2017
PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing order was served
upon each attorney or party of record herein by electronic means or first
class U.S. mail on August 31, 2017.
s/Susan Pinkowski
SUSAN PINKOWSKI

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