Matheson v. Ocwen Federal Bank FSB

Second Circuit

Matheson v. Ocwen Federal Bank FSB

367 F. App'x 193

CourtCourt of Appeals for the Second Circuit

DecidedFebruary 22, 2010

Docket08-3650-cv

StatusUnpublished

Cited by2 cases

This text of 367 F. App'x 193 (Matheson v. Ocwen Federal Bank FSB) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Matheson v. Ocwen Federal Bank FSB, 367 F. App'x 193 (2d Cir. 2010).

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Opinion

SUMMARY ORDER

Marilyn E. Matheson, pro se, appeals from the district court’s order granting summary judgment in favor of all defendants except Delta Funding Corporation and Delta Financial Corporation. We assume the parties’ familiarity with the facts and procedural history.

Upon review of the record and case law, this Court has determined sua sponte that it lacks jurisdiction over this appeal because a final order has not been issued by the district court as contemplated by 28 U.S.C. § 1291. See Coopers & Lybrand v. Livesay, 437 U.S. 463, 467, 98 S.Ct. 2454, 57 L.Ed.2d 351 (1978). Appellant’s claims against Delta Funding Corporation and Delta Financial Corporation remain unresolved because those defendants are protected by a bankruptcy stay, see Manufacturers Hanover Trust Co. v. Yanakas, 7 F.3d 310, 314-15 (2d Cir.1993), and a final judgment as to fewer than all parties has not been entered as contemplated by Fed. R.Civ.P. 54(b). See LTV Steel Co., Inc. v. United Mine Workers of America (In re Chateaugay Corp.), 928 F.2d 63, 64-65 (2d Cir.1991)

For the reasons stated above, the appeal is DISMISSED without prejudice to a reinstatement should the district court certify “a final judgment as to one or more, but fewer than all, claims or parties” based on a finding of “no just reason for delay.” Fed.R.Civ.P. 54(b).

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SUMMARY ORDER

Marilyn E. Matheson, pro se, appeals from the district court’s order granting summary judgment in favor of all defendants except Delta Funding Corporation and Delta Financial Corporation. We assume the parties’ familiarity with the facts and procedural history.

Upon review of the record and case law, this Court has determined sua sponte that it lacks jurisdiction over this appeal because a final order has not been issued by the district court as contemplated by 28 U.S.C. § 1291. See Coopers & Lybrand v. Livesay, 437 U.S. 463, 467, 98 S.Ct. 2454, 57 L.Ed.2d 351 (1978). Appellant’s claims against Delta Funding Corporation and Delta Financial Corporation remain unresolved because those defendants are protected by a bankruptcy stay, see Manufacturers Hanover Trust Co. v. Yanakas, 7 F.3d 310, 314-15 (2d Cir.1993), and a final judgment as to fewer than all parties has not been entered as contemplated by Fed. R.Civ.P. 54(b). See LTV Steel Co., Inc. v. United Mine Workers of America (In re Chateaugay Corp.), 928 F.2d 63, 64-65 (2d Cir.1991)

For the reasons stated above, the appeal is DISMISSED without prejudice to a reinstatement should the district court certify “a final judgment as to one or more, but fewer than all, claims or parties” based on a finding of “no just reason for delay.” Fed.R.Civ.P. 54(b).

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367 F. App'x 193, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matheson-v-ocwen-federal-bank-fsb-ca2-2010.

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