Opinion
Civ. No. 18-12510
06-14-2019
BP AUTO GROUP, LLC d/b/a HACKETTSTOWN HYUNDAI, PICON AUTO GROUP, LLC d/b/a NEWTON KIA, PICON AUTO, LLC d/b/a TACONIC KIA, Plaintiffs, v. THE REYNOLDS AND REYNOLDS COMPANY, Defendant.
NOT FOR PUBLICATION
MEMORANDUM ORDER
THOMPSON, U.S.D.J.
IT APPEARING that Defendant files a Motion to Confirm Arbitration Award (ECF No. 25) and it further
APPEARING that there is a pending appeal in this case before the Third Circuit (See Notice of Appeal, ECF No. 16; see also 3d Cir. Case No. 19-1064); and it further
APPEARING that the pending appeal divests this Court of jurisdiction, see Venen v. Sweet, 758 F.2d 117, 120 (3d Cir. 1985) ("As a general rule, the timely filling of a notice of appeal is an event of jurisdictional significance, immediately . . . divesting a district court of its control over those aspects of the case involved in the appeal.") (citing Griggs v. Provident Consumer Discount Co., 459 U.S. 56, 58 (1982)); Jama v. Esmor Corr. Servs., Inc., 2005 WL 2901899, at *4 (D.N.J. 2005) (relinquishing jurisdiction where the question of appealability is itself before the circuit court); see also Thomas v. Ne. Univ., 470 F. App'x 70, 71-72 (3d Cir. 2012) (upholding district court's denial of motions while appeal was pending);
IT IS on this 14th day of June, 2019,
ORDERED that the Court RESERVES on the Motion to Confirm Arbitration Award (ECF No. 25) pending appeal, and it is further
ORDERED that this case is STAYED pending appeal.
/s/ Anne E . Thompson
ANNE E. THOMPSON, U.S.D.J.