Hall v. Annucci

Background

Ralph Hall filed a motion asking the court to vacate its August 20, 2022 summary-judgment order “by Independent Action.” The court treated this filing as a motion for reconsideration. Hall had previously filed a similar motion, which the court denied after noting that his appeal from rulings concerning relief from the summary-judgment order was pending.

Court’s Analysis

The court explained that filing a notice of appeal gives the court of appeals authority over the parts of the case involved in the appeal and removes the district court’s control over those matters. Because Hall’s appeal was still pending in the Second Circuit, the district court said it still lacked jurisdiction—the legal authority to act—to vacate the challenged order and judgment.

The court also gave two additional reasons for denying the motion. First, it said the motion was untimely under Local Civil Rule 6.3, which generally requires a motion for reconsideration to be served within 14 days after the challenged order is entered. Second, it said the motion was meritless, noting that the court had previously denied Hall’s reconsideration motion and that the Second Circuit had already affirmed the decision granting summary judgment to the defendants.

Disposition

Judge Kenneth M. Karas denied Hall’s motion. The court directed the Clerk of Court to terminate the pending motion and mail Hall a copy of the order.