LNV Corporation v. Fauley et al, No. 3:2015cv01422 - Document 97 (D. Or. 2017)

Court Description: OPINION & ORDER: Defendant's Motion for Relief from Judgment or Order 92 is DENIED without prejudice. Signed on 12/5/2017 by Judge Marco A. Hernandez. (jp)
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LNV Corporation v. Fauley et al Doc. 97 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON LNV CORPORATION, a Nevada corporation, No. 3:15-cv-01422-HZ OPINION & ORDER Plaintiff, v. ROBYNNE A. FAULEY, a citizen of the State of Oregon; and U.S. BANK NATIONAL ASSOCIATION, Defendants. // // // 1 – OPINION & ORDER Dockets.Justia.com HERNÁNDEZ, District Judge: Before the Court is Defendant Robynne Fauley’s Rule 60 Motion for Relief from Judgment or Order [92]. The Court DENIES the Motion. Defendant’s case is currently on appeal before the Ninth Circuit, divesting the Court of its jurisdiction. Laurino v. Syringa Gen. Hosp., 279 F.3d 750, 755 (9th Cir. 2002) (citing Griggs v. Provident Consumer Disc. Co., 459 U.S. 56, 58–59 (1982)); Fed. R. Civ. P. 62.1(a)(2). In addition, Defendant’s motion was not filed within one-year after the entry of judgment. Fed. R. Civ. P. 60(c)(1). The Court also DENIES Plaintiff’s request to enter a pre-filing order against Defendant. CONCLUSION Defendant’s Motion for Relief from Judgment or Order [92] is DENIED without prejudice. IT IS SO ORDERED Dated this day of ______________________, 2017. MARCO A. HERNÁNDEZ United States District Judge 2 – OPINION & ORDER