Mattatall v. Transdermal Corp.

Filing 36

ORDER denying 31 Motion for Reconsideration. Signed by District Judge John Corbett O'Meara. (WBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
DEBOURAH MATTATALL,
Plaintiff,
Case No. 13-14344
v.
Hon. John Corbett O’Meara
TRANSDERMAL CORP.,
Defendant.
__________________________/
ORDER DENYING MOTION
FOR RECONSIDERATION
Before the court is Plaintiff’s motion for reconsideration, filed May 2, 2014.
Plaintiff seeks reconsideration of the court’s order granting Defendant’s motion for
summary judgment, which was entered April 18, 2014. On May 14, 2014, Plaintiff
filed a notice of appeal. A notice of appeal generally “confers jurisdiction on the
court of appeals and divests the district court of control over those aspects of the
case involved in the appeal.” Marrese v. American Academy of Orthopaedic
Surgeons, 470 U.S. 373, 379 (1985). See also Griggs v. Provident Consumer
Discount Co., 459 U.S. 56, 58 (1982); Raum v. Norwood, 93 Fed. Appx. 693, 695
(6th Cir. 2004) (Plaintiffs deprived district court of jurisdiction over their motion
for reconsideration by filing notice of appeal before district court had chance to
make decision on motion to reconsider). Because Plaintiff filed a notice of appeal,

this court lacks jurisdiction to rule on Plaintiff’s motion for reconsideration.
IT IS HEREBY ORDERED that Plaintiff’s May 2, 2014 motion for
reconsideration is DENIED.

s/John Corbett O’Meara
United States District Judge
Date: July 29, 2014

I hereby certify that a copy of the foregoing document was served upon
counsel of record on this date, July 29, 2014, using the ECF system.

s/William Barkholz
Case Manager

-2-