Nebraska Data Centers, LLC v. Khayet

Filing 275

MEMORANDUM AND ORDER - The Motion for Reconsideration, ECF No. 272 , filed by Defendant Leo Khayet, is denied. Ordered by Judge Laurie Smith Camp. (Copy mailed to pro se party) (KLF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA

NEBRASKA DATA CENTERS, LLC, and
AMERICAN NEBRASKA LIMITED
PARTNERSHIP,

8:17CV369

Plaintiffs,
MEMORANDUM
AND ORDER

vs.
LEO KHAYET, and TIMBER VENTURES,
LLC,
Defendants.

This matter is before the Court on the Motion for Reconsideration, ECF No. 272,
filed by Defendant Leo Khayet. Based on “[c]onstitutional grounds,” Khayet’s Motion asks
the Court to reconsider its Memorandum and Order, ECF No. 254, granting Plaintiffs’
Motion for Default Judgment. ECF No. 272. He also seeks relief from the accompanying
Default Judgment, ECF No. 255. For the reasons stated below, the Motion will be denied.
Khayet filed multiple notices of appeal in this case, ECF Nos. 262 & 267, before
he filed the pending Motion for Reconsideration, and, generally, “the filing of a notice of
appeal ‘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.’” In re Fisette, 695 F.3d
803, 806 (8th Cir. 2012) (quoting Griggs v. Provident Consumer Disc. Co., 459 U.S. 56,
58 (1982)). However, because the Court construes Khayet’s Motion for Reconsideration
as seeking relief under Federal Rule of Civil Procedure 59(e) or Rule 60(b), or both, it
must rule on the Motion pursuant to Federal Rule of Appellate Procedure 4(a)(4)(B)(i).
Smith v. Missouri, 804 F.3d 919 (8th Cir. 2015) (per curiam) (“Because [the] NOA will not

become effective until after the District Court has ruled on [the] request for Rule 60(b)
relief, we lack jurisdiction over the appeal at this time.”).
To the extent Khayet’s Motion seeks relief under Federal Rule of Civil Procedure
59(e), it is untimely. The Court entered judgment by default against Khayet on September
5, 2018, and he filed the pending Motion for Reconsideration on October 29, 2018. Fed.
R. Civ. P. 59(e) (“A motion to alter or amend a judgment must be filed no later than 28
days after the entry of the judgment.”). To the extent Khayet’s Motion seeks relief under
Federal Rule of Civil Procedure 60(b), he has not demonstrated that he is entitled to any
relief thereunder. See Def.’s Br., ECF No. 273. Accordingly,
IT IS ORDERED: The Motion for Reconsideration, ECF No. 272, filed by
Defendant Leo Khayet, is denied.
Dated this 7th day of November, 2018.

BY THE COURT:
s/Laurie Smith Camp
United States District Judge

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