-RBC Jones v. Anthony Wayne Services, No. 1:2009cv00284 - Document 68 (N.D. Ind. 2011)

Court Description: OPINION AND ORDER re 67 MOTION to Void Judgment or Recuse Judge or Alternatively to Amend the Pleadings by Plaintiff Joycinth V Jones. The Motion is DISMISSED for lack of jurisdiction. Signed by Judge William C Lee on 7/15/11. (cer)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA FORT WAYNE DIVISION JOYCINTH JONES, Plaintiff, v. A.W. HOLDINGS, LLC., a/k/a ANTHONY WAYNE SERVICES, Defendant. ) ) ) ) ) ) ) ) ) ) CIVIL NO. 1:09cv284 OPINION AND ORDER This matter is before the court on a Motion to Void Judgment, or Recuse or Alternatively to Amend the Pleadings filed by the plaintiff, Joycinth Jones ( Jones ), on June 27, 2011. The defendant has not responded to the motion. Discussion Jones filed an employment discrimination case against the defendant in the Allen Superior Court. The case was removed to this court on October 15, 2009. Jones was originally represented by counsel, but is presently proceeding pro se. The defendant filed a motion for summary judgment, which was granted on February 7, 2011. Jones filed a motion for new trial or alternatively to vacate judgment, which was denied on May 27, 2011. Jones filed a Notice of Appeal on June 21, 2011. Then, on June 27, 2011, Jones filed the present motion to void judgment, recuse, or alternatively to amend the pleadings. Generally, a district court no longer has jurisdiction over an action as soon as a party filed a notice of appeal. Pittock v. Otis Elevator Co., 8 F.3d 325, 327 (6th Cir. 1993). Although there are a few exceptions to the general rule, such as when a proper Rule 60(b) motion has been filed, there is absolutely no indication that any exception would apply in the present case. Accordingly, the motion will be dismissed for lack of jurisdiction. Conclusion On the basis of the foregoing, Jones Motion to Void Judgment, or Recuse or Alternatively to Amend the Pleadings [DE 65] is hereby DISMISSED. Entered: July 15, 2011. s/ William C. Lee William C. Lee, Judge United States District Court 2

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