Free Order Returning Document Unfiled - District Court of Federal Claims - federal

Case 1:98-cv-00154-JFM

Document 379

Filed 04/25/2007

Page 1 of 1

In the United States Court of Federal Claims
No. 98-154C (Filed April 25, 2007) ************************************* CONNECTICUT YANKEE ATOMIC * POWER COMPANY, * * Plaintiff, * * v. * * THE UNITED STATES, * * Defendant. * ************************************* ORDER This spent nuclear fuel case was concluded by an Opinion and resulting judgment entered on October 4, 2006, and is currently on appeal to the United States Court of Appeals for the Federal Circuit. On April 18, 2007, the clerk's office received a Motion to Intervene, Memorandum, Complaint and Certificate of Service (collectively, "the Filings"). While this case is on appeal, this court has no further jurisdiction. "It is well established that `once final judgment is entered and a timely notice of appeal has been filed, the trial court loses jurisdiction over the case except to act in aid of the appeal or to correct clerical errors.'" JWK Int'l Corp. v. United States, 49 Fed. Cl. 364, 366 (2001), aff'd, 279 F.3d 985 (2002) (citing Yachts America v. United States, 8 Cl. Ct. 278, 280, aff'd, 779 F.2d 656 (Fed. Cir. 1985), cert. denied sub nom., Wilson v. United States, 479 U.S. 832, 107 S.Ct. 122, 93 L.Ed.2d 68 (1986). The Clerk of the Court shall return the Filings to Mr. Peterson. A paper copy of this order shall be provided to him in the package returning the Filings.

s/ James F. Merow

James F. Merow Senior Judge