Free Order on Motion for Miscellaneous Relief - District Court of Arizona - Arizona

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Case 2:03-cv-01684-FJM Document 179 Filed 07/25/2005 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Plumbing and Air Conditioning) Contractors of Central and Northern) ) Arizona, et al., ) ) Plaintiff, ) vs. ) Plumbing and Air Conditioning) Contractors of Arizona, Tucson Area, et) ) al., ) ) Defendant. ) No. 03-CV-1684-PHX-FJM ORDER

The court has before it "plaintiff's motion for order pursuant to FRCP 58(c)(2)" (doc. 177). No opposition has been received. However, the docket indicates that a notice of appeal was filed on June 30, 2005 (doc. 178). Under Rule 58(c)(2), our authority to order that a motion for attorneys' fees have the same effect under Rule 4(a)(4), Fed. R. App. P., as a timely motion under Rule 59 exists "before a notice of appeal has been filed and has become effective." While we would have been happy to have granted plaintiff's motion, it now appears that plaintiff's notice of appeal has divested us of jurisdiction to do so. Accordingly, IT IS ORDERED DENYING plaintiff's motion for order pursuant to FRCP 58(c)(2) for lack of jurisdiction (doc. 177). DATED this 25th day of July, 2005.