Opinion
No. 3:15-cv-01422-HZ
12-05-2017
LNV CORPORATION, a Nevada corporation, Plaintiff, v. ROBYNNE A. FAULEY, a citizen of the State of Oregon; and U.S. BANK NATIONAL ASSOCIATION, Defendants.
OPINION & ORDER // // // HERNÁNDEZ, District Judge:
Before the Court is Defendant Robynne Fauley's Rule 60 Motion for Relief from Judgment or Order [92]. The Court DENIES the Motion. Defendant's case is currently on appeal before the Ninth Circuit, divesting the Court of its jurisdiction. Laurino v. Syringa Gen. Hosp., 279 F.3d 750, 755 (9th Cir. 2002) (citing Griggs v. Provident Consumer Disc. Co., 459 U.S. 56, 58-59 (1982)); Fed. R. Civ. P. 62.1(a)(2). In addition, Defendant's motion was not filed within one-year after the entry of judgment. Fed. R. Civ. P. 60(c)(1). The Court also DENIES Plaintiff's request to enter a pre-filing order against Defendant.
CONCLUSION
Defendant's Motion for Relief from Judgment or Order [92] is DENIED without prejudice. IT IS SO ORDERED Dated this 5 day of December, 2017.
/s/_________
MARCO A. HERNÁNDEZ
United States District Judge