Elkharwily v. Franciscan Health System

Filing 157

ORDER striking 146 Motion to Vacate. Signed by Judge Robert J. Bryan. (JL)

Download PDF
1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 8 9 10 11 ALAA ELKHARWILY, M.D., Plaintiff, 12 13 14 15 CASE NO. 15-5579RJB ORDER STRIKING MOTION v. FRANCISCAN HEALTH SYSTEM, a Washington non-profit corporation, Defendant. 16 This matter comes before the court on review of the file. It appears that Plaintiff filed a 17 Motion for Relief from Judgment - Rule 60 on January 3, 2017 (Dkt. 146) and on January 5, 18 2017, Plaintiff filed a Notice of Appeal. 19 The Notice of Appeal places jurisdiction over this case in the Ninth Circuit Court of 20 Appeals and divests the District Court of jurisdiction. Griggs v. Provident Consumer Disc. Co., 21 459 U.S. 56, 58 (1982); United States v Sadler, 480 F.3d 932, 941 (9th Cir. 2007). Accordingly, 22 Plaintiff’s Motion for Relief from Judgment – Rule 60 (Dkt. 146) should be STRICKEN from 23 24 ORDER STRIKING MOTION- 1 1 the District Court calendar and should be held in abeyance pending the results of the proceedings 2 in the Ninth Circuit Court of Appeals. 3 IT IS SO ORDERED. 4 The Clerk is directed to send uncertified copies of this Order to all counsel of record and 5 to any party appearing pro se at said party’s last known address. 6 Dated this 12th day of January, 2017. A 7 8 ROBERT J. BRYAN United States District Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ORDER STRIKING MOTION- 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?