Thomas Pilcher, in his Capacity as Administrator of the Estate of Christopher Robert Myers, Deceased v. City of Foley, Alabama, et al.

Summary

The United States District Court for the Southern District of Alabama grants in part and denies in part the Foley Defendants’ unopposed motion to stay and extend time. The action is stayed as to the Foley Defendants and as to Bay Nursing, Inc., except that Bay Nursing’s pending motion to dismiss remains subject to resolution; the court explains that an interlocutory appeal divested it of jurisdiction to amend its prior ruling on the Foley Defendants’ immunity-based motion to dismiss.

Holdings

1. Once an order has been appealed, the district court lacks jurisdiction to correct or amend that order or conduct further litigation on issues involved in the appeal, except as to collateral matters or matters in aid of the appeal.
2. The district court retained jurisdiction to decide Bay Nursing, Inc.'s pending motion to dismiss because resolving that motion was collateral to the interlocutory appeal and did not implicate discovery or prejudice to the Foley Defendants.
3. The proceedings were stayed as to the Foley Defendants and as to Bay Nursing, Inc., except that the court would proceed with Bay Nursing's pending motion to dismiss.

Questions Presented

1. Whether the district court had jurisdiction to correct or amend its previously appealed order.
2. Whether the district court could address Bay Nursing, Inc.'s pending motion to dismiss while the interlocutory appeal was pending.
3. Whether the proceedings should be stayed as to the Foley Defendants and as to Bay Nursing, subject to adjudication of Bay Nursing's pending motion to dismiss.

Disposition

other