Kendel v. Local 17-A United Food and Commercial Workers et al

Filing 193

Memorandum Opinion and Order granting Plaintiff's 191 motion for an order compelling Defendant Local 17-A to provide the appellate court with the entire trial transcript. Defendant shall provide the entire trial transcript to the appellate court. Judge Benita Y. Pearson on 3/25/2013. (S,L) Modified docket text on 3/25/2013 (BR,S).

PEARSON, J.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
TINA KENDEL,
Plaintiff,
v.
LOCAL 17-A UNITED FOOD AND
COMMERCIAL WORKERS, et al.,
Defendants.

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CASE NO. 5:10cv2300

JUDGE BENITA Y. PEARSON

MEMORANDUM OF OPINION AND
ORDER [Regarding ECF No. 191]

Pending is Plaintiff Tina Kendel’s motion for an order compelling Defendant Local 17-A
to provide the appellate court with the entire trial transcript. ECF No. 191. Defendant has
objected and alleged that the trial court no longer has jurisdiction over “those aspects of the case
involved in the appeal.” ECF No. 192 at 1.
Typically “‘the filing of a notice of appeal divests the district court of jurisdiction and
transfers jurisdiction to the court of appeals,’ but [] the ‘district court retains jurisdiction to
proceed with matters that are in aid of the appeal.’” Inland Bulk Transfer Co. v. Cummins
Engine Co., 332 F.3d 1007, 1013 (6th Cir. 2003) (quoting Cochran v. Birkel, 651 F.2d 1219,
1221 (6th Cir. 1981), cert. denied, 454 U.S. 1152 (1982)). “The distinction, although sometimes
blurred, is between actions that merely aid the appellate process and actions that alter the case on
appeal.” Allan Ides, The Authority of a Federal District Court to Proceed After a Notice of
Appeal Has Been Filed, 143 F.R.D. 307, 323 (1992). Based upon this legal authority and the
Court’s familiarity with the trial record, the Court finds that Plaintiff is likely to be prejudiced by
having less than the entire trial transcript provided to the appellate court and having less that a

(5:10cv2300)
complete trial transcript may hamper the appellate court’s ability to resolve the issues on appeal.
Accordingly, the undersigned grants Plaintiff’s motion. Defendant shall provide the
entire trial transcript to the appellate court.

IT IS SO ORDERED.

March 25, 2013
Date

/s/ Benita Y. Pearson
Benita Y. Pearson
United States District Judge

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