Opinion
No. 98 Civ. 8845 (LAK)
February 23, 2000
ORDER
Defendant Bing Chuan Group U.S.A. Corp. ("Bing Chuan") moves to clarify the preliminary injunction and to postpone the trial of this action until after the Court of Appeals disposes of its appeal therefrom.
"[T]he 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." Griggs v. Provident Consumer Discount Co., 459 U.S. 56, 58 (1982); United States v. Rodgers, 101 F.3d 247, 251 (2d Cir. 1996). The Court therefore lacks jurisdiction to modify the terms of the preliminary injunction that now is before the Circuit. In any case, plaintiff has not made a persuasive showing for such relief.
There is an exception to the rule stated in the preceding paragraph to the extent that an appeal from a preliminary injunction does not prevent the district court from proceeding with the case on the merits. While it is possible that a decision by the Court of Appeals on the plaintiff's appeal might provide information relevant to the trial of this action, the Court believes that the principles of law that govern are well settled and that the principal issues are of fact. As a trial almost surely will be necessary irrespective of the outcome of the appeal from the preliminary injunction, the Court is not disposed to stay the trial.
For the foregoing reasons, plaintiff's motion is denied in all respects.
SO ORDERED.