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442 Civil Rights: Jobs | Illinois Northern
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MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's motion to stay proceedings and compel arbitration 19 and Defendant's motion to strike jury demand 24 are set for hearing on 7/22/26 at 9:15AM in Courtroom 1425. Mailed notice (gel,) (Entered: 07/01/2026)
MINUTE entry before the Honorable John F. Kness: On review of the parties' joint motion (Dkt. 95 ) to vacate the default judgment in this case, it appears, based on a pending appeal (No. 26-1393), that this Court may lack jurisdiction to provide the relief sought by the parties. As background, Plaintiff and Defendants state that they have reached an agreed resolution of the case that will obviate the need for Defendants to press their appeal. (Dkt. 95 at 2.) That resolution will depend on this Court vacating the final default judgment order. But the ordinary rule is that a notice of appeal divests the district court of jurisdiction over those aspects of the case that are on appeal. That rule means, practically, that this Court likely lacks the power to act on the joint motion to vacate (the substance of the existing judgment, and the Court's denial of Defendants' motion to vacate that judgment, are at the heart of Defendants' appeal). But that does not mean that the parties' effort to resolve the case and moot the appeal must fail. Under Rule 62.1 of the Federal Rules of Civil Procedure, "If a timely motion is made for relief that the court lacks authority to grant because of an appeal that has been docketed and is pending, the court may... (3) state... that it would grant the motion if the court of appeals remands for that purpose...." Based on the substance of the motion pending here, the Court states that it would grant the motion to vacate if the Court of Appeals remands the case for that purpose. Under Rule 62.1, the parties must now "promptly notify the circuit clerk under Federal Rule of Appellate Procedure 12.1" that this Court has stated it would grant the pending motion to vacate. Such notice should be provided to the circuit clerk within five business days. If the Court of Appeals issues a remand order, this Court will act promptly on the motion to vacate. Mailed notice. (exr, ) (Entered: 07/01/2026)
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