United States District Court, D. New Jersey
September 15, 2005.
BANK OF AMERICA, N.A. Plaintiff,
MYRNA TAGAYUN, ROBERT S. MANDELL a/k/a Mr. Tagayun, DISCOVER BANK, et al., Defendants.
The opinion of the court was delivered by: FAITH HOCHBERG, District Judge
OPINION AND ORDER
This matter having come before the court upon Defendants Myrna
Tagayun and Robert S. Mandell's Application for Emergency Relief
("Application"), which was filed on September 6, 2005, seeking an
order staying the Court's Order to Remand the matter to the
Superior Court of New Jersey, Chancery Division, Passaic County,
which was entered on August 11, 2005; and
it appearing that prior to filing this Application, the
Defendants filed a Notice of Appeal to the United States Court of
Appeals for the Third Circuit on August 26, 2005; and
it appearing that this Court does not have jurisdiction to
consider Defendants' Application, see Sheet Metal Workers'
Int'l Assoc. Local 19 v. Herre Bros., Inc., 198 F.3d 391, 394
(3d Cir. 1999) ("It is well established that `the filing of a
notice to 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.'");
IT IS on this 15th day of September 2005, ORDERED that Defendants' Application for Emergency Relief is
DENIED, and it is further
ORDERED that this case remains CLOSED.
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