Mesi et al v. Select Portfolio Servicing et al

Filing 92

ORDER that the motions ECF Nos. 82 , 90 are DENIED. Signed by Judge Robert C. Jones on 8/28/2018. (Copies have been distributed pursuant to the NEF - KW)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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BETTY MESI et al.,

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Plaintiffs,

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3:16-cv-00065-RCJ-WGC

vs.

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ORDER

SELECT PORTFOLIO SERVICING et al.,
Defendants.

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This case arises from a foreclosure of real property. On April 16, 2018, the Court

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dismissed this action with prejudice after finding it was duplicative of another previously-filed

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case: Mesi v. U.S. Bank Nat’l Ass’n, No. 3:15-cv-555-RCJ-WGC (filed Nov. 13, 2015). (Order,

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ECF No. 81.) On April 25, Plaintiffs filed a motion “for reversal of foreclosure and for

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sanctions.” (Mot., ECF No. 82.) Then, on April 27, Plaintiffs filed a notice of appeal. On May

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12, Plaintiff filed another motion, this time seeking to strike Defendants’ responses to the motion

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for reversal of foreclosure. (Mot., ECF No. 90.) Finally, on June 26, the Ninth Circuit granted

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Plaintiffs’ motion to proceed with their appeal in forma pauperis, acknowledged receipt of

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Plaintiffs’ opening brief, and set a deadline for Defendants’ answering briefs. (Order, ECF No.

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91.)

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As of now, the entirety of this case has been disposed and an appeal is currently pending.
Therefore, the Court lacks jurisdiction to reach the merits of Plaintiffs’ motions. “Once a notice

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of appeal is filed, the district court is divested of jurisdiction over the matters being appealed.”

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Nat. Res. Def. Council, Inc. v. Sw. Marine Inc., 242 F.3d 1163, 1166 (9th Cir. 2001).

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Accordingly, the motions must be denied for lack of jurisdiction.
CONCLUSION

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IT IS HEREBY ORDERED that the motions (ECF Nos. 82, 90) are DENIED.

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IT IS SO ORDERED. This 28th day of August, 2018.

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_____________________________________
ROBERT C. JONES
United States District Judge

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