U.S. Tobacco Cooperative Inc. et al v. Big South Wholesale of Virginia, LLC d/b/a Big Sky International et al

Filing 1113

ORDER STAYING CASE pending resolution of appeal. The parties shall jointly notify this Court within ten (10) days of the filing of the Fourth Circuit's mandate of the posture of the case and the issues which remain for adjudication. Signed by US District Judge Terrence W. Boyle on 9/25/2017. (Stouch, L.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:13-CV-527-BO

U.S. TOBACCO COOPERATIVE, INC.,
et al.,

)
)
)

Plaintiffs,

)
)

)

~

ORDER

)

BIG SOUTH WHOLESALE OF
VIRGINIA, LLC, et al.,

)
)
)

Defendants.

)

On September 13, 2017, defendants Big South Wholesale of Virginia, Big South
Wholesale, Jason Carpenter, and Christopher Small entered a notice of appeal of this Court's
order granting plaintiffs' renewed motion to reconsider the Court's November 7, 2016, order on
defendants' petition to substitute the United States as a defendant in this matter.
"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). Although parties and issues remain for adjudication in this case which are not the
subject of the appeal, because the interlocutory appeal concerns absolute immunity, and the
assertion of immunity is not frivolous, the Court in its discretion has determined that stay of the
underlying proceedings in this Court is appropriate. Apostol v. Gallion, 870 F.2d 1335, 1338
(7th Cir. 1989); see also Stewart v. Donges, 915 F.2d 572, 576 (10th Cir. 1990).

Accordingly, this action is STAYED pending resolution of the appeal. The parties shall
jointly notify this Court within ten (10) days of the filing of the Fourth Circuit's mandate of the
posture of the case and the issues which remain for adjudication.

SO ORDERED, this .d...£day of September, 2017.

~!#.~-~_A,
fRRENCEWBOYE
~ \.
UNITED STATES DISTRICT JUDGE

2