Elkharwily v. Franciscan Health System

Filing 157

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

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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ALAA ELKHARWILY, M.D.,
Plaintiff,

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CASE NO. 15-5579RJB
ORDER STRIKING MOTION

v.
FRANCISCAN HEALTH SYSTEM, a
Washington non-profit corporation,
Defendant.

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This matter comes before the court on review of the file. It appears that Plaintiff filed a
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Motion for Relief from Judgment - Rule 60 on January 3, 2017 (Dkt. 146) and on January 5,
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2017, Plaintiff filed a Notice of Appeal.
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The Notice of Appeal places jurisdiction over this case in the Ninth Circuit Court of
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Appeals and divests the District Court of jurisdiction. Griggs v. Provident Consumer Disc. Co.,
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459 U.S. 56, 58 (1982); United States v Sadler, 480 F.3d 932, 941 (9th Cir. 2007). Accordingly,

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Plaintiff’s Motion for Relief from Judgment – Rule 60 (Dkt. 146) should be STRICKEN from
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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.
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IT IS SO ORDERED.

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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.
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Dated this 12th day of January, 2017.

A

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ROBERT J. BRYAN
United States District Judge

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ORDER STRIKING MOTION- 2