LVB-Ogden Marketing LLC v. Bingham et al

Filing 67

MINUTE ORDER denying plaintiff's 65 Ex Parte Motion to Freeze and Status Quo Pending Appeal. Authorized by Judge Thomas S. Zilly. (SWT)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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LVB-OGDEN MARKETING LLC,

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Plaintiff,
v.
C18-786 TSZ
SHARON G. BINGHAM,
MINUTE ORDER

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Defendant
BANK OF THE WEST,
Garnishee.

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The following Minute Order is made by direction of the Court, the Honorable
Thomas S. Zilly, United States District Judge:

(1)
Plaintiff’s Ex Parte Motion to Preserve Freeze and Status Quo Pending
16 Appeal, docket no. 65, is DENIED.
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(a)
The Court lacks jurisdiction over the garnishment action and the
Fisher Trusts due to Plaintiff’s filing of a notice of appeal. Docket no. 66; see also
Griggs v. Provident Consumer Discount Co., 459 U.S. 56, 58 (1982) (“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”).

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(b)
Even if the Court retained jurisdiction over Plaintiff’s motion, the
Court previously denied Plaintiff’s oral request to freeze the Fisher Trust assets
during a hearing on Wednesday, February 27, 2019. Plaintiff’s motion is therefore

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MINUTE ORDER - 1

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a motion for reconsideration, which the Court would deny if it possessed
jurisdiction over the matter.

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(2)
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The Clerk is directed to send a copy of this Minute Order to all counsel of

Dated this 4th day of March, 2019.

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William M. McCool
Clerk

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s/Karen Dews
Deputy Clerk

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MINUTE ORDER - 2