GW Holdings Group, LLC v. US Highland, Inc., No. 1:2018cv04997 - Document 31 (S.D.N.Y. 2019)

Court Description: OPINION & ORDER re: 30 LETTER MOTION for Leave to File Amended Complaint addressed to Judge John F. Keenan from Jeffrey Fleischmann dated March 19, 2019 filed by GW Holdings Group, LLC. The Court hereby holds that it is divest ed of the jurisdiction to decide Plaintiff's pending motion for leave to amend (ECF No. 30) as (1) resolving that motion would control aspects of the case involved in the appeal (see Kilpatrick v. Henkin, 17-CV-5111 (CM), 2018 WL 1684410, at * 1 (S.D.N.Y. Jan. 5, 2018) (citing Griggs v. Provident Consumer Discount Co., 459 U.S. 56, 58 (1982))) and (2) it is not one of the motions that Federal Rule of Appellate Procedure 4(a) (4) allows the Court to resolve after a notice of appeal has been filed. SO ORDERED. (Signed by Judge John F. Keenan on 5/16/2019) (anc)