Jones v. A.W. Holdings, Llc. (N.D.Ind. 7-15-2011)

Full title: JOYCINTH JONES, Plaintiff, v. A.W. HOLDINGS, LLC., a/k/a ANTHONY WAYNE…

Court: United States District Court, N.D. Indiana, Fort Wayne Division

Date published: Jul 15, 2011

CIVIL NO. 1:09cv284 (N.D. Ind. Jul. 15, 2011)

Opinion

CIVIL NO. 1:09cv284.

July 15, 2011

OPINION AND ORDER

WILLIAM LEE, Judge

This matter is before the court on a "Motion to Void Judgment, or Recuse or Alternatively to Amend the Pleadings" filed by the plaintiff, Joycinth Jones ("Jones"), on June 27, 2011. The defendant has not responded to the motion.

Discussion

Jones filed an employment discrimination case against the defendant in the Allen Superior Court. The case was removed to this court on October 15, 2009. Jones was originally represented by counsel, but is presently proceeding pro se. The defendant filed a motion for summary judgment, which was granted on February 7, 2011. Jones filed a motion for new trial or alternatively to vacate judgment, which was denied on May 27, 2011. Jones filed a Notice of Appeal on June 21, 2011. Then, on June 27, 2011, Jones filed the present motion to void judgment, recuse, or alternatively to amend the pleadings.

Generally, a district court no longer has jurisdiction over an action as soon as a party filed a notice of appeal. Pittock v. Otis Elevator Co., 8 F.3d 325, 327 (6^th Cir. 1993). Although there are a few exceptions to the general rule, such as when a proper Rule 60(b) motion has been filed, there is absolutely no indication that any exception would apply in the present case.

Accordingly, the motion will be dismissed for lack of jurisdiction.

Conclusion

On the basis of the foregoing, Jones' "Motion to Void Judgment, or Recuse or Alternatively to Amend the Pleadings" [DE 65] is hereby DISMISSED.