LNV Corporation v. Fauley et al

Filing 97

OPINION & ORDER: Defendant's Motion for Relief from Judgment or Order 92 is DENIED without prejudice. Signed on 12/5/2017 by Judge Marco A. Hernandez. (jp)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

LNV CORPORATION, a Nevada
corporation,

No. 3:15-cv-01422-HZ
OPINION & ORDER

Plaintiff,
v.
ROBYNNE A. FAULEY, a citizen of the
State of Oregon; and U.S. BANK
NATIONAL ASSOCIATION,
Defendants.
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1 – OPINION & ORDER

HERNÁNDEZ, District Judge:
Before the Court is Defendant Robynne Fauley’s Rule 60 Motion for Relief from
Judgment or Order [92]. The Court DENIES the Motion. Defendant’s case is currently on appeal
before the Ninth Circuit, divesting the Court of its jurisdiction. Laurino v. Syringa Gen. Hosp.,
279 F.3d 750, 755 (9th Cir. 2002) (citing Griggs v. Provident Consumer Disc. Co., 459 U.S. 56,
58–59 (1982)); Fed. R. Civ. P. 62.1(a)(2). In addition, Defendant’s motion was not filed within
one-year after the entry of judgment. Fed. R. Civ. P. 60(c)(1). The Court also DENIES
Plaintiff’s request to enter a pre-filing order against Defendant.
CONCLUSION
Defendant’s Motion for Relief from Judgment or Order [92] is DENIED without
prejudice.
IT IS SO ORDERED
Dated this

day of ______________________, 2017.

MARCO A. HERNÁNDEZ
United States District Judge

2 – OPINION & ORDER