GOTEL v. CARTER

• Court: District Court, M.D. Georgia
• Decided: April 1, 2022
• Docket: 5:21-cv-00388
• Status: Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION

TORU TANAKA GOTEL, Plaintiff, CIVIL ACTION NO. v. 5:21-cv-00388-TES SHAWN CARTER, a.k.a. Jay-Z (Rapper), Defendant.

ORDER REOPENING CASE

On November 4, 2021, this Court ultimately dismissed Plaintiff’s breach of contract claim asserted in her Complaint [Doc. 1] against Shawn Carter (known professionally as rapper Jay-Z) without prejudice under 28 U.S.C. § 1915(e)(2)(B)(ii). See generally [Doc. 3]; Gotel v. Carter, No. 21-14030, 2022 WL 433704, at *2 n.1 (11th Cir. Feb. 14, 2022) (per curiam). That same day, the Clerk of Court entered Judgment [Doc. 4] “dismissing [her] case.” [Doc. 4, p. 1]. Six days later, Plaintiff filed an Amended Complaint [Doc. 5] and a Notice of Appeal [Doc. 6] “at the same time.” Gotel, 2022 WL 433704, at *2. Although the Circuit affirmed this Court’s ruling on appeal, it noted that Plaintiff’s Amended Complaint “remains pending on the district court’s docket.” Id. at *2, *4. With the issuance of the Circuit’s Mandate [Doc. 11] on March 15, 2022, this Court now has jurisdiction to address Plaintiff’s Amended Complaint. Zaklama v. Mount Sinai Med. Ctr., 906 F.2d 645, 649 (11th Cir. 1990) (citing Fed. R. App. P. 41) (“[A] district court generally is without jurisdiction to rule in a case that is on appeal, despite a decision by

[the Circuit], until the mandate has issued.”). So that this Court can address Plaintiff’s Amended Complaint, it DIRECTS the Clerk of Court to REOPEN this case. A subsequent order addressing Plaintiff’s Amended Complaint shall be

forthcoming. SO ORDERED, this 1st day of April, 2022. S/ Tilman E. Self, III TILMAN E. SELF, III, JUDGE UNITED STATES DISTRICT COURT