HINTON v. PENNSYLVANIA STATE POLICE

Filing 84

MEMORANDUM and ORDER denying 59 Motion for Attorney Fees without prejudice; If warranted by the Court of Appeals for the Third Circuit's resolution of the pending appeal, plaintiff may file a renewed motion for attorney's fees no later than fourteen (14) days after the mandate is issued; If such a motion is filed, the court will thereafter issue a briefing schedule. Signed by Chief Judge Gary L. Lancaster on 5/20/11. (map)

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

JOLANDO HINTON,
Plaintiff,

v.

Civil Action No. 08 0685

PENNSYLVANIA STATE POLICE,
Defendant.
MEMORANDUM
Mayz..o, 2011

Gary L. Lancaster,
Chief Judge.

This is a civil rights case brought pursuant to Title
VII of the Civil Rights Act of 1964.

On February 20,

entered

pursuant

judgment

in

Hinton's

February 11, 2011 verdict.

favor,

[doc. no.

61].

to

2011 we

the

On March 25,

jury's
2011 we

entered an order denying Pennsylvania State Police's (PSP) motion
for judgment as a matter of law or for a new trial.
72] .

PSP filed a notice of appeal from both the

order on April 21,

2011.

[doc.

no.

75].

[doc.

no.

judgment and

That appeal has been

docketed in the Court of Appeals for the Third Circuit as USCA
No. 11-2076.
Before PSP filed its notice of appeal, Hinton had filed
a motion for attorney's fees.
opposition

brief

that

we

[doc. no.
should

59].

not

decide

attorney's fees while the appeal is pending.
Thereafter,

PSP argued in its
the
[doc.

issue
no .

Hinton filed a motion asking this court to

further briefing [on the motion for attorney's fees]
outcome of [PSP's appeal]."

[doc. no. 83].

of

81].
"defer

pending the

As a general rule,
confers

jurisdiction on the

district

court of

its

court

of

control over

involved in the appeal.
Co.,

the filing of a notice of appeal

those

Griggs v.

4 5 9 U. S. 56 , 5 8 (198 2) .

appeals

and

aspects

divests
of

the

the
case

Provident Consumer Discount

However,

the Court of Appeals for

the Third Circuit recognizes several "limited" exceptions to the
Griggs rule.

These exceptions allow a district court to retain

jurisdiction

to

issue

orders

staying,

modifying,

or

granting

injunctive relief, to review applications for attorney's fees, to
direct

the

filing

of

supersedeas

bonds,

to

correct

clerical

mistakes, and to issue orders affecting the record on appeal.
re Merck & Co.,
2005)
Inc.,

i

Inc. Sec. Litig.,

432 F.3d 261,

267-68

In

(3d Cir.

Sheet Metal Workers' Int'l Ass'n Local 19 v. Herre Bros"
198 F.3d 391,

394

(3d Cir.

1999)

i

Bensalem Twp. v.

Int'l

Surplus Lines Ins. Co., 38 F.3d 1303, 1314 & n.9 (3d Cir. 1994).
As such,

although this case is currently on appeal,

we retain

jurisdiction over the instant motion for attorney's fees.
v. Keve, 721 F.2d 91, 95 n.5 (3d Cir. 1983).
Nevertheless,
the

motion,

premature.

without
Fed.

prejudice,
R.

Advisory Committee Note.
premature.

the court has the discretion to deny

Civ.

on

P.

Here,

the

ground

54 (d) (2) (B),

that

it

is

1993 Amendments,

we find that Hinton's motion is

Both Hinton and PSP agree that a decision on this

motion should be deferred until after PSP's appeal is resolved.
2

We conclude that it is inappropriate
the

motion

for

attorneyl s

fees

I

and inefficient

before

the

appeal

l

to decide
is

decided

because the resolution of that appeal will affect at least the
amount

I

and possibly the availabilitYI

Therefore

I

of Hinton/s fee award.

we will not rule on the motion for attorney's fees

until after the Court of Appeals for the Third Circuit has issued
its mandate.
An appropriate order will be filed contemporaneously
with this memorandum.

3

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

JOLANDO HINTON,
Plaintiff,

v.

Civil Action No. 08-0685

PENNSYLVANIA STATE POLICE,
Defendant.
ORDER
AND

NOW,

this

20

~

day

of

May,

ORDERED that Hinton's motion for attorney's
is DENIED,
of

Appeals

pending at

without prejudice.
for

USCA No.

for attorney's
mandate is

the

Third

Hinton may

IS

[doc.

HEREBY
no.

59J

file

of

the

appeal

a

renewed motion

(14)

days after the

If such a motion is filed,

the court will

thereafter issue a briefing schedule.

cc:

fees

resolution

fees no later than fourteen

issued.

IT

If it is warranted by the Court

Circuit's

11-2076,

2011,

All Counsel of Record