Sanderson v. Leg Apparel LLC
- Gregory Woods
- 1:19-cv-08423
- U.S. District Court · Southern District of New York
- 2
In Sanderson v. Leg Apparel LLC, Judge Woods denied Sanderson’s discovery motion without prejudice because an appeal removed jurisdiction over the concluded trial.
Sanderson, whose motion to compel discovery was denied without prejudice and whose fee-free appeal status was denied for an appeal from this order.
What happened
In Sanderson v. Leg Apparel LLC, Sanderson asked the court to compel the Institute for Family Health to provide discovery related to claims that had already been tried before a jury. Sanderson had appealed the jury’s verdict.
The court said that the appeal removed its power to decide matters involved in the appeal, except for actions that help the appeal. Because the trial had ended, the court ruled that it lacked jurisdiction to grant the motion to compel.
Judge Gregory H. Woods denied the motion to compel without prejudice. He also denied Sanderson’s request to proceed without paying fees for an appeal from this order, certifying that such an appeal would not be taken in good faith.
The detailed version
- Sanderson v. Leg Apparel LLC · No. 1:19-cv-08423
- Gregory Woods
- Mar. 26, 2024
Background
On March 22, 2024, Sanderson moved to compel disclosure from the Institute for Family Health. The requested discovery related to claims that had been tried before a jury in the case. Sanderson had appealed the jury verdict on December 7, 2023.
Court’s Analysis
The court explained that filing a timely and sufficient notice of appeal removes the district court’s authority over matters involved in the appeal or covered by the notice. While the appeal is pending, the district court may act only in ways that assist the appeal. Sanderson sought to compel compliance with a subpoena for a trial that had already concluded. The court therefore determined that it lacked jurisdiction to grant the motion.
Ruling
Judge Gregory H. Woods denied Sanderson’s motion to compel without prejudice. The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from this order would not be taken in good faith and denied fee-free appeal status for purposes of appealing this order. The Clerk of Court was directed to terminate the motion at Dkt. No. 407 and mail a copy of the order to Sanderson.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.