Mattatall v. Transdermal Corp.

Filing 36

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

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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-

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