Moore v. J.C. Penney Co.

Full title: LILLIAN MOORE, Plaintiff, v. J.C. PENNEY COMPANY and KONE INC., Defendants

Court: United States District Court, S.D. New York

Date published: Oct 8, 2002

02 Civ. 1909 (LAK), 02 Civ. 1899 (LAK) (S.D.N.Y. Oct. 8, 2002)

Opinion

02 Civ. 1909 (LAK), 02 Civ. 1899 (LAK)

October 8, 2002

ORDER

LEWIS A. KAPLAN, District Judge

By order dated June 26, 2002, the Court invited the parties to brief the question whether vacatur of the March 14, 2002 order in 02 Civ. 1909 would be effective to recapture jurisdiction over the state court action. Plaintiff availed herself of the invitation, although her letter cannot even charitably be called a brief. Defendants ignored the invitation.

Having considered the matter further, the Court is persuaded that it would lack power to vacate its order remanding the case to the state court even if it were convinced that the order was erroneous. E.g., 14C CHARLES ALAN WRIGHT ET AL., FEDERAL PRACTICE AND PROCEDURE: JURISDICTION 3D § 3739, at 493-95 (1998). The case, which previously had been closed, shall remain closed.

SO ORDERED.