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First Bancshares Inc.
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Appeal | Filed: June 15, 2017 | Entered: June 16, 2017 SATTERLEE v. COMMISSIONER OF INTERNAL REVENUE et al
Other Statutory Actions | District Of Columbia
USCA Mandate
MANDATE of USCA as to 42 Notice of Appeal filed by RONALD LEROY SATTERLEE ; USCA Case Number 16-5342. (Attachments: # 1 USCA Order)(td)
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Appeal | Filed: December 19, 2016 | Entered: December 19, 2016 SATTERLEE v. COMMISSIONER OF INTERNAL REVENUE et al
Other Statutory Actions | District Of Columbia
Supplemental ROA Sent to USCA
Supplemental Record on Appeal transmitted to US Court of Appeals re Minute Order denying 44 MOTION for Reconsideration re Order on Motion for Relief ; USCA Case Number 16-5342. (znmw)
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Order | Filed: December 16, 2016 | Entered: December 16, 2016 SATTERLEE v. COMMISSIONER OF INTERNAL REVENUE et al
Other Statutory Actions | District Of Columbia
Order on Motion for Reconsideration
MINUTE ORDER denying 44 plaintiff's Motion for Reconsideration. Plaintiff has filed a motion entitled 44 "Rule 60. Relief from a Judgment or Order," in which he seeks reconsideration of this Court's October 17, 2016 Minute Order denying his fourth motion for reconsideration of the Court's 31 Order and 32 Memorandum Opinion dismissing this case in its entirety. Plaintiff filed a 42 notice of appeal on November 10, 2016, indicating that he is challenging the Court's October 17, 2016 Minute Order. The filing of a notice of appeal "confers jurisdiction on the court of appeals and divests the district court of its control over those aspects of the case involved in the appeal." Griggs v. Provident Consumer Discount Co., 459 U.S. 56, 58 (1982); United States v. DeFries, 129 F.3d 1293, 1302 (D.C. Cir. 1997). Federal Rule of Appellate Procedure 4 enables the district court to retain jurisdiction "[i]f a party files a notice of appeal after the court announces or enters a judgment - but before it disposes of" certain motions, including motions for relief under Rule 60 if such a motion is filed "no later than 28 days after the judgment is entered." Fed. R. App. P. 4(a)(4)(A)(vi)-(B)(i). Here, plaintiff filed his Rule 60 motion 56 days after the Court issued the challenged Minute Order. Therefore, the district court no longer retains jurisdiction over this case. But, pursuant to Federal Rule of Civil Procedure 62.1, because plaintiff filed his Rule 60 motion challenging the October 17, 2016 Minute Order in a timely fashion, the Court may consider the motion on the merits. Having done so, the Court will deny the motion. Plaintiff asks the Court to reconsider its denial of his fourth motion for reconsideration of the Court's Order dismissing the case. Although plaintiff is not technically moving for reconsideration of the dismissal itself, any reconsideration of the denial of plaintiff's fourth motion for reconsideration will stem from the Court's Order dismissing the case. So, in reality, this is plaintiff's fifth motion for reconsideration of the Court's Order dismissing the case in its entirety. As the Court observed in denying 41 plaintiff's Fourth Motion for Relief from Judgment, there is no basis for multiple Rule 60(b) motions in the federal rules. Although plaintiff offers some newly discovered evidence - IRS responses to a FOIA request - these facts do not have any bearing on the Court's conclusion that the IRS has not waived its immunity to his claims, that those claims were untimely, that the Court lacks personal jurisdiction over defendants Granite Services and First Home Bank, and that there is no basis for the exercise of supplemental jurisdiction over his claims against the California Tax Board. For all of those reasons, it is ORDERED that 44 plaintiff's Motion for Reconsideration is hereby DENIED. Signed by Judge Amy Berman Jackson on 12/16/2016. (lcabj2)
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