gno.law

Arellano v. Self

District Court, S.D. California · 3:15-cv-02300 · 2019-12-11 · Unknown

Proceeding
district
Area
civil
On appeal
Raul Arellano, Jr. v. R. Olson (2021-02-23) — affirmed — the Ninth Circuit's later ruling on this docket
Panel
Anthony J. Battaglia (author)

Analysis

A model's reading — qwen3.8-27b, prompt own-v1, 2026-10-13T23:59Z · confidence high

Plaintiff Raul Arellano moved for leave to file a motion for reconsideration of the court's order granting summary judgment, but had already filed a notice of appeal. The court denied the motion, concluding it lacked jurisdiction to consider the request because the notice of appeal divested the district court of jurisdiction.

What the court decidedThe model
Plaintiff's motion for leave to file a motion for reconsideration (Doc. No. 93) is denied.
“Accordingly, Plaintiff's motion for leave to file a motion for reconsideration is DENIED.”
agree with court
The court correctly applied the well-established principle that the filing of a timely notice of appeal divests the district court of jurisdiction over the matters appealed. Because the plaintiff appealed the September 23, 2019 order, the district court could not entertain a motion for reconsideration of that same order. The reliance on Morris v. Morgan Stanley & Co. is appropriate for this proposition.

The order itself: sound — The order is procedurally sound. It correctly identifies the jurisdictional bar created by the prior filing of a notice of appeal and cites the correct Ninth Circuit authority (Morris) to support the denial of the motion for reconsideration. The reasoning is direct and legally accurate.

How this analysis was made · dispute it

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 RAUL ARELLANO, Case No.: 15-cv-2300-AJB-LL Plaintiff, 12 ORDER DENYING PLAINTIFF RAUL v. ARELLANO’S MOTION FOR LEAVE 13 TO FILE A MOTION FOR R. OLSON, 14 RECONSIDERATION (Doc. No. 93) Defendant. 15 28 1 On September 23, 2019, the Court issued an order adopting the Magistrate Judge’s 2 ||Report and Recommendation, granting Defendant R. Olson’s motion for summary 3 ||judgment, and dismissing Plaintiff Raul Arellano’s (“Plaintiff”) Second Amended 4 ||Complaint. (Doc. No. 82.) On October 18, 2019, Plaintiff filed a Notice of Appeal to the 5 || United States Court of Appeals for the Ninth Circuit, appealing this Court’s September 23, 6 order. (Doc. No. 88.) On November 7, 2019, Plaintiff filed a motion for leave to file 7 ||a motion for reconsideration of the Court’s September 23, 2019 order. (Doc. No. 93.) 8 || However, appearing that Plaintiff filed a Notice of Appeal of the same order Plaintiff seeks 9 have reconsidered, the Court concludes that it lacks jurisdiction to consider □□□□□□□□□□□ 10 || motion for reconsideration. See Morris v. Morgan Stanley & Co., 942 F.2d 648, 654 (9th 11 1991) (stating that district courts lack jurisdiction after notice of appeal is filed). 12 || Accordingly, Plaintiff's motion for leave to file a motion for reconsideration is DENIED. 13 || IT IS SO ORDERED. 14 15 |}Dated: December 11, 2019 Q 16 Hon, Anthony J.Battaglia 17 United States District Judge 18 19 20 21 22 23 24 25 26 27 28