Opinion

Stone v. J&M Securities, LLC

Court
District Court, E.D. Missouri
Filed
Mar 8, 2022
Cited by
0 cases
Authority
More cited than 24.2%

“A district court may deny, but cannot grant, a Rule 59(e) motion pending after the filing of a notice of appeal.”

How later courts described this case

  • “A district court may deny, but cannot grant, a Rule 59(e) motion pending after the filing of a notice of appeal.”

Written by the judges who cited it.

The opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MISSOURI

EASTERN DIVISION

FELICIA AND JEROME STONE, )

)

Plaintiffs, )

)

v. ) Case No. 4:20-cv-00352-SPM

)

J&M SECURITIES, LLC, )

)

Defendant. )

MEMORANDUM OPINION AND ORDER VACATING THIS COURT’S

JUDGMENT AND MEMORANDUM OPINION ENTERED

ON JANUARY 26, 2022

On January 26, 2022, the undersigned entered an order amending this Court’s

judgment dated September 30, 2021 and remanding this action to the Circuit Court

for the 22nd Judicial Circuit (the “Amended Judgment”) (Docs. 96 & 97). Since that

time, Defendant has filed a Motion to Correct a Manifest Error in Law (Doc. 101)

and a Motion to Stay a ruling on Plaintiffs’ motion for Attorneys Fees (Doc. 104).

Plaintiffs have filed a Motion for Attorney’s Fees (Doc. 98) and a Motion for Bill of

Costs (Doc. 99). The parties have also filed motions requesting an extension of time

to respond to pending motions. (Docs. 106 & 109). After carefully considering the

parties’ written submissions and the entire record before the Court, I find that this

Court lacked jurisdiction to enter the Amended Judgment and, for the reasons set out

below, I will grant the Defendant’s Motion to Correct Manifest Error in Law.

In its Motion to Correct a Manifest Error in Law, Defendant contends this

Court lacked jurisdiction to enter the Amended Judgment because, at the time the

Amended Judgment was entered, Plaintiffs had appealed the same issues raised in

their post-judgment motion to the Eighth Circuit Court of Appeals. Indeed,

following this Court’s entry of Judgment in Defendant’s favor on September 30,

2021, Plaintiffs filed a Motion for Reconsideration on October 4, 2021 (Doc. 87).

While briefing was underway, on October 26, 2021, Plaintiffs filed their notice of

appeal of the Judgment, and the appeal was certified on October 27, 2021. Plaintiffs’

Statement of Issues filed with the appellate court names the precise issue that was

before this Court in Plaintiffs’ Motion for Reconsideration. Plaintiffs’ submissions

to the appellate court failed to make mention of the posttrial motion pending before

this Court.

As Defendant correctly recites, “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.” Liddell by Liddell v. Bd. of Educ., 73 F.3d 819, 822 (8th Cir. 1996)

(quoting Griggs v. Provident Consumer Discount Co., 459 U.S. 56, 58, 74 L. Ed.

2d 225, 103 S. Ct. 400 (1982)). This is because the “continuation of proceedings in

the district court largely defeats the point of the appeal and creates a risk of

inconsistent handling of the case by two tribunals.” Id. (quoting McCauley v.

Halliburton Energy Servs., 413 F.3d 1158 (10th Cir. 2005)).

As Defendant (again) correctly points out, to avoid divesting the district

court of jurisdiction over their motion, the “appropriate course of action” would

have been for Plaintiffs to ask the appellate court to “hold the appeal in abeyance.”

(Doc. 102, at p.5). “[H]old[ing] an appeal in abeyance while the district court

rule[s] on [a party’s] posttrial motions permit[s] the prematurely filed notice of

appeal to be perfected.” Life Plus Int'l v. Brown, 317 F.3d 799, 805 (8th Cir. 2003)

(citing Fed. R. App. P. 4(a)(4)(B)(i)); see also EEOC v. Rath Packing Co., 787

F.2d 318, 323 (8th Cir. 1986) (a ruling on a posttrial motion filed by the Appellants

was only appropriate when the Appellants held the appeal in abeyance to allow for

the ruling to be certified).

Plaintiffs did not follow the appropriate course of action in this case. As a

result, Plaintiffs divested this court of jurisdiction when they appealed identical

issues raised in their post-judgment motion and failed to hold the appeal in

abeyance pending a ruling by this Court on the post-judgment motions.

Consequently, the Court’s Amended Judgment which, essentially, granted

Plaintiffs’ Rule 59(e) motion, was rendered null and void. Leadership Conference

on Civil Rights v. Gonzales, 421 F. Supp. 2d 104, 107 (D.D.C. 2006) (“A district

court may deny, but cannot grant, a Rule 59(e) motion pending after the filing of a

notice of appeal.”).

Accordingly,

IT IS HEREBY ORDERED that Defendant’s Motion to Correct a Manifest

Error in Law (Doc. 101) is GRANTED.

IT IS FURTHER ORDERED this Court’s Amended Judgment (Doc. 97)

and Memorandum Opinion and Order (Doc. 96) are VACATED and this Court’s

Judgment (Doc. 86) and Memorandum Opinion and Order (Doc. 85) are hereby

REINSTATED as the Final Judgment of this Court.

IT IS FINALLY ORDERED that all other pending motions in this case are

DENIED as moot.

SHIRLEY PADMORE MENSAH

UNITED STATES MAGISTRATE JUDGE

Dated this 8th day of March, 2022.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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