Pamela Connery, et al v. John Norsworthy, No. 12-20658 (5th Cir. 2014)

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Case: 12-20658 Document: 00512608668 Page: 1 Date Filed: 04/25/2014 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 12-20658 Summary Calendar April 25, 2014 Lyle W. Cayce Clerk PAMELA J. CONNERY/HAZELWOOD, doing business as Real Estate Innovations, Incorporated; REAL ESTATE INNOVATIONS, INCORPORATED, Plaintiffs-Appellants v. JOHN L. NORSWORTHY, formerly doing business as Naturally Resourceful Software, also known as RE-Minder Software, Defendant-Appellee Appeal from the United States District Court for the Southern District of Texas USDC No. 4:07-CV-3563 Before DAVIS, SOUTHWICK, and HIGGINSON, Circuit Judges. PER CURIAM: * Pamela J. Connery-Hazelwood appeals the judgment of the district court dismissing her state law claims against John L. Norsworthy for lack of subject matter jurisdiction. Because she does not address the district court s determination that it lacked diversity, supplemental, or federal question Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. * Case: 12-20658 Document: 00512608668 Page: 2 Date Filed: 04/25/2014 No. 12-20658 jurisdiction over the claims, she has abandoned any challenge to the jurisdictional ruling. See Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir.1993); Brinkmann v. Dallas County Deputy Sheriff Abner, 813 F.2d 744, 748 (5th Cir. 1987); FED. R. APP. P. 28(a)(9)(A). To the extent Connery-Hazelwood seeks to challenge the district court s sua sponte dismissal of her copyright claim against Norsworthy, we previously affirmed that decision. Real Estate Innovations, Inc. v. Houston Assoc. of Realtors, Inc., 422 F. App x 344, 351-52 (5th Cir.), cert. denied, 132 S.Ct. 249 (2011). Our determination that the dismissal was proper is law of the case. See United States v. Matthews, 312 F.3d 652, 657 (5th Cir. 2002). Although Connery-Hazelwood contends that Norsworthy was not a party to the case at the time because the district court administratively closed the case in June 2008 due to the automatic stay in a bankruptcy case filed by Norsworthy, her argument is not supported by the record or the law. The automatic stay lifted in August 2008 when the bankruptcy court granted a discharge, see 11 U.S.C. § 362(c)(2), and the district court had the authority to reinstate the case against Norsworthy on its own motion. See Mire v. Full Spectrum Lending, Inc., 389 F.3d 163, 167 (5th Cir. 2004). More than a year after the bankruptcy stay was lifted, the district court expressly dismissed the copyright claim against Norsworthy. The judgment of the district court is AFFIRMED. 2

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