Filed in State of South Carolina v. United States, Docket 1:18-cv-01431 on July 16, 2018:
TEXT ORDER: This matter is before the court pursuant to Defendants’ Motion for Entry of Jointly Proposed Consent Scheduling Order, or in the Alternative, for Extension of Time (ECF No. 31) in which Defendants request that the court enter the attached “scheduling order that allows for 6 months of discovery and briefing.” (See ECF No. 31-1 at 1213.) Plaintiff opposes the Motion asserting that Defendants’ proposed scheduling order is not expeditious enough and, therefore, Plaintiff proposes that the court enter a different schedule. (ECF No. 32 at 10.) Upon its review, the court observes that it was divested of jurisdiction over the matter when Defendants filed their Notice of Appeal (ECF No. 26) on June 15, 2018. E.g., In re Grand Jury Proceedings Under Seal, 947 F.2d 1188, 1190 (4th Cir. 1991) (“The general rule is that the filing of a timely and sufficient notice of appeal immediately transfers jurisdiction of all matters relating to the appeal from the district court to the court of appeals.”) (citations omitted). Accordingly, because Defendants’ appeal affects pertinent aspects of the case in this court, Defendants’ Motion 31 and all other pending matters are held in abeyance until after the United States Court of Appeals for the Fourth Circuit addresses the issues on appeal. Signed by Honorable J Michelle Childs on 7/16/2018.(asni, ) (Entered: 07/16/2018)