# Opinion

> District Court, N.D. California · February 27, 2026

URL: https://www.frixlaw.com/law-library/cases/11367265

## Case

- **Full name:** Grigsby & Associates, Inc. v. State Farm Fire and Casualty Company
- **Court:** District Court, N.D. California
- **Decided:** February 27, 2026
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/11367265

## Opinion text

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

GRIGSBY & ASSOCIATES, INC., Case No. 25-cv-00892-AGT

Plaintiff,
ORDER ON MOTION FOR LEAVE
v. TO FILE MOTION FOR
RECONSIDERATION
STATE FARM FIRE AND CASUALTY
COMPANY, Re: Dkt. No. 50
Defendant.

On October 27, 2025, six days after the Court stayed this case pending resolution of
proceedings before the state workers’ compensation appeals board, Plaintiff filed a motion
for leave to file a motion for reconsideration. Dkt. 50. Eighteen days later, on November 14,
2025, Plaintiff filed a notice of appeal. Dkt. 51. For avoidance of doubt, the Court concludes
that it lacks jurisdiction to consider the motion for leave.
“Once a notice of appeal takes effect, the district court loses jurisdiction over the
matter placed before the appellate court.” United Nat. Ins. Co. v. R&D Latex Corp., 242 F.3d
1102, 1109 (9th Cir. 2001). If, however, a motion for reconsideration is pending when the
appeal is filed, the district court retains jurisdiction to consider it. Id.
Here, no motion for reconsideration was filed. Under this District’s local rules, “[nJo
party may notice a motion for reconsideration without first obtaining leave of Court to file
the motion.” Civil L.R. 7-9(a). Plaintiff requested leave but didn’t obtain it before appealing.
So, when Plaintiff noticed the appeal and there was no motion for reconsideration pending,
the Court lost jurisdiction. R&D Latex, 242 F.3d at 1109.
Because the Court lacks jurisdiction to consider the motion for leave, the Court re-
quests that the Clerk of the Court clear the gavel next to the motion on CM/ECF. If war-
ranted, Plaintiff may refile the motion after the Ninth Circuit issues its mandate.
IT IS SO ORDERED.
Dated: February 27, 2026
Alex G. Tse
United States Magistrate Judge

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/11367265. Public record. Not legal advice.