(PS) Love v. Tri-Counties Bank

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MARY LOVE, Case No. 2:24-CV-1823-TLN-CSK 12 Plaintiff, ORDER DENYIING WITHOUT PREJUDICE DEFENDANT’S MOTION 13 v. FOR ATTORNEY’S FEES 14 TRI COUNTIES BANK, (ECF No. 31) 15 Defendant. 16 17 Judgment was entered in this action on March 12, 2025. (ECF No. 23.) On March 18 18, 2025, Plaintiff Mary Love, who was proceeding pro se in the district court, filed a 19 notice of appeal. (ECF Nos. 27-28.) On March 26, 2025, Defendant Tri Counties Bank 20 filed the instant motion for attorney’s fees based on the prevailing party clause in the 21 underlying loan documents.1 (ECF No. 31.) “The filing of a notice of appeal is an event of 22 jurisdictional significance—it confers jurisdiction on the court of appeals and divests the 23 district court of its control over those aspects of the case involved in the appeal.” Griggs 24 v. Provident Consumer Discount Co., 459 U.S. 56, 58 (1982) (per curiam). Based on a 25 review of the Ninth Circuit docket for this appeal, the appeal, which involves aspects 26 27 1 This matter proceeds before the undersigned pursuant to 28 U.S.C. § 636, Fed. R. 28 Civ. P. 72, and Local Rule 302(c). 1 raised in the motion, is still pending.* Therefore, the Court denies Defendant’s motion 2 || without prejudice because the district court is divested of jurisdiction where the appeal is 3 | still pending. See id. 4 5 | Dated: August 25, 2025 C iy S \U 6 CHI S00 KIM 7 UNITED STATES MAGISTRATE JUDGE 8 || csk/love1823.24.fees 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 | > “A court may take judicial notice of undisputed matters of public record, which may 27 || include court records available through PACER.” United States v. Raygoza-Garcia, 902 F.3d 994, 1001 (9th Cir. 2018) (citing Fed. R. Evid. 201(b); United States v. Howard, 381 28 | F.3d 873, 876 n.1 (9th Cir. 2004)).