Dabbs v. Shelter Mutual Insurance Company

• Court: District Court, W.D. Oklahoma
• Decided: April 11, 2022
• Docket: 5:15-cv-00148
• Status: Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA

JOHANNA DABBS,

Plaintiff, v. Case No. CIV-15-148-D

SHELTER MUTUAL INSURANCE COMPANY aka SHELTER MUTUAL INSURANCE CO.,

Defendants.

ORDER

Before the Court is the Motion for Reconsideration filed by Amicus Curiae Vincent Calderon [Doc. No. 139]. Mr. Calderon requests that the Court reconsider its order striking his Motion for New Trial and Motion to Amend Judgment [Doc. No. 133]. The Court struck that motion because Mr. Calderon, as an amicus curiae, is not authorized to file motions in this matter. See Order [Doc. No. 138]. Before Mr. Calderon filed his initial motion for new trial and the instant Motion, Johanna Dabbs filed a Notice of Appeal to the Tenth Circuit [Doc. No. 132]. “[W]hen a litigant files a notice of appeal, the district court loses jurisdiction over the case, save for ‘collateral matters not involved in the appeal.’” McKissick v. Yuen, 618 F.3d 1177, 1196 (10th Cir. 2010) (quoting Lancaster v. Indep. Sch. Dist. No. 5, 149 F.3d 1228, 1237 (10th Cir. 1998)); see also Riggs v. Scrivner, Inc., 927 F.2d 1146, 1148 (10th Cir. 1991). By his motion for new trial and his motion to reconsider, Mr. Calderon seeks relief from the Court’s judgment [Doc. No. 128] in the form of a new trial. Given the notice of appeal filed by Ms. Dabbs, the Court lacks jurisdiction to grant that relief. Moreover, Mr. Calderon lacks standing to seek the requested relief. Therefore, Mr. Calderon’s Motion [Doc. No. 139] must be denied. IT IS THEREFORE ORDERED that the Motion for Reconsideration filed by Amicus Curiae Vincent Calderon [Doc. No. 139] is DENIED. IT IS SO ORDERED this 11" day of April, 2022.

\ ty Q QP: TIMOTHY D. DeGIUSTI Chief United States District Judge