green
Positive treatment
Quoted verbatim 1×
72.0 score
G Cite
cited 5× by 5 distinct cases, 1999–2022 · 3 courts ·
…attorney's fees awards are collateral matters over which the district court retains jurisdiction.
at p. 1237
⚠ not in text
Treatment trajectory · 1998 → 2026 · click a year to view as-of
1998
2012
2026
Top citers, strongest first. 50 distinct citers.
How cited ↗
discussed
Cited as authority (verbatim quote)
Hughes v. Bank of America National Association
attorney's fees awards are collateral matters over which the district court retains jurisdiction.
cited
Cited as authority (rule)
Xiaoyan Lyu v. Freightstar Expedited LLC
No. 5, 149 F.3d 1228, 1237 (10th Cir. 1998). motion does not preclude Plaintiff from later seeking an adverse inference instruction or such other remedy.
discussed
Cited as authority (rule)
Lowery Wilkinson Lowery, LLC et al. v. State of Illinois et al.
No. 5, 149 F.3d 1228, 1237 (10th Cir.1998) (Although a notice of appeal generally divests a district court of 1 Curiously, both the Non-Party and the Plaintiff incorrectly refer to this case as closed.
cited
Cited as authority (rule)
Steven Harris v. Washington County, Purgatory Correctional Facility, Washington County Sheriff’s Office, Kyle Bigelow, Garret McKean, Sgt. Lacie Crowther, Dep. Kevin M. Larson, Dep. Brice Lubitz, Dep. John Jacobs, Dep. Lacey Adams, Dep. Andrew Miller, Dep. Tyler Tait, Dep. Jay B. Chadwick, Dep. Cortney Cheeman, Dep. Bailee W. Mabe, Dep. Kaitlyn Johnson, Warden, and Officer J. Dickerson
No. 5, 149 F.3d 1228, 1237 (10th Cir. 1998). 6 Nelson v. Beuchler, No. 2:18-cv-00189, 2020 WL 9809993 , at *2 (D.
discussed
Cited as authority (rule)
Ashley Boshea as Administrator of the Estate of David John Boshea v. Compass Marketing, Inc.
No. 5, 149 F.3d 1228, 1237 (10th Cir.1998) (internal citations omitted) (cleaned up), provides guidance: Although filing notice of appeal generally divests the district court of jurisdiction over the issues on appeal, the district court retains jurisdiction over “collateral matters not involved in the appeal.” Attorney's fees awards are collateral matters over which the district court retains jurisdiction.
cited
Cited as authority (rule)
Kevin R. Golden v. Hallcon Corporation
No. 5, 149 F.3d 1228, 1237 (10th Cir. 1998).
discussed
Cited as authority (rule)
Tabor v. Great Western Buildings
No. 5, 149 F.3d 1228, 1236 (10th Cir. 1998) (applying provision to affirm district court’s dismissal of the plaintiff’s state law claims).
cited
Cited as authority (rule)
Medina v. Hansen
No. 5, 149 F.3d 1228, 1237 (10th Cir. 1998). 2 motions-hearing showing the prosecutor, Ms. Knowles, conveyed a 10-year plea offer to defense counsel, Mr. Gillio.
cited
Cited as authority (rule)
After II Movie, LLC v. WideOpenWest Finance, LLC
No. 5, 149 F.3d 1228, 1237 (10th Cir. 1998).
discussed
Cited as authority (rule)
Huntsman v. Liberty Mutual Auto and Home Services LLC
No. 5, 149 F.3d 1228, 1236 (10th Cir. 1998) (applying provision to affirm district court’s dismissal of the plaintiff's state law claims).
discussed
Cited as authority (rule)
Black Emergency Response Team v. OConnor
No. 5, 149 F.3d 1228, 1237 (10th Cir. 1998) (noting that the filing of an appeal “generally divests the district court of jurisdiction over the issues on appeal,” although “the district court retains jurisdiction over collateral matters not involved in the appeal” (internal quotation marks omitted)). 1 Dismissal of the OU Defendants would moot Plaintiffs’ Motion to Compel (Doc.
discussed
Cited as authority (rule)
VanHorn v. Salvation Army
(2×)
No. 5, 149 F.3d 1228, 1237 (10th Cir. 1998) (quotation cleaned up).
discussed
Cited as authority (rule)
Handy v. WS Barricade Corporation
No. 5, 149 F.3d 1228, 1236 (10th Cir. 1998) (applying provision to affirm district court’s dismissal of the plaintiff’s state law claims).
discussed
Cited as authority (rule)
AKG v. Oklahoma State of
No. 5, 149 F.3d 1228, 1237 (10th Cir. 1998) (a notice of appeal does not deprive district court of jurisdiction over “collateral matters not involved in the appeal” (quoting Garcia v. Burlington N. R.R.
discussed
Cited as authority (rule)
Romero v. Gallegos-Cervantes
No. 5, 149 F.3d 1228, 1237 (10th Cir. 1998) (observing that the filing of a notice of appeal generally divests the district court of jurisdiction over the issues on appeal).1 On February 11, 2025, the United States Court of Appeals for the Tenth Circuit dismissed Mr. Romero’s appeal, issued its Mandate, and transferred jurisdiction back to this Court.
discussed
Cited as authority (rule)
Booker v. P.A.M. Transport Inc.
No. 5, 149 F.3d 1228, 1236 (10th Cir. 1998) (noting that Rule 37(a) “govern[s] fee awards associated with motions for protective orders).
cited
Cited as authority (rule)
Massey v. Specialized Loan Servicing, LLC
No. 5, 149 F.3d 1228, 1237 (10th Cir. 1998).
discussed
Cited as authority (rule)
McVicker v. Muskogee Housing Authority
No. 5, 149 F.3d 1228, 1236 (10th Cir. 1998) (citing 28 U.S.C. § 1367 (c)(3); United Mine Workers v. Gibbs, 383 U.S. 715, 725-26 (1966)).
discussed
Cited as authority (rule)
Amarsingh v. Frontier Airlines
No. 5, 149 F.3d 1228, 1236 (10th Cir. 1998) (stating, “[once] the bases for federal subject matter jurisdiction have been extinguished . . ., the district court may decline to exercise continuing . . . supplemental jurisdiction over [the] plaintiff’s state claims”).
discussed
Cited as authority (rule)
Amarsingh v. Frontier Airlines
No. 5, 149 F.3d 1228, 1236 (10th Cir. 1998) (stating, “[once] the bases for federal subject matter jurisdiction have been extinguished . . ., the district court may decline to exercise continuing . . . supplemental jurisdiction over [the] plaintiff’s state claims”).
discussed
Cited as authority (rule)
Phillips v. James
No. 5, 149 F.3d 1228, 1236 (10th Cir. 1998). 10 Appellate Case: 23-7027 Document: 010111001735 Date Filed: 02/16/2024 Page: 11 Schollenbarger, 465 F.3d 444, 449 (10th Cir. 2006) (internal quotation marks omitted).
discussed
Cited as authority (rule)
Stenberg (ID 113332) v. Langford
No. 5, 149 F.3d 1228, 1237 (10th Cir. 1998); release pending appeal, see United States v. Meyers, 95 F.3d 1475 , 1489 n.6 (10th Cir. 1996); and appointment of counsel, see West v. Ortiz, 2007 WL 706924 , *5 n.5 (10th Cir. Mar. 9, 2007) (unpublished).
discussed
Cited as authority (rule)
Lipton Law Center, P.C. v. Andrus Wagstaff, PC
No. 5, 149 F.3d 1228, 1237 (10th Cir. 1998) (finding no unreasonable delay in the filing of a Rule 37 motion where the nonmovant did not allege prejudice as a result of the timing).
discussed
Cited as authority (rule)
Pena Villasano v. Garfield County School District 16
No. 5, 149 F.3d 1228, 1236 (10th Cir. 1998) (stating that once “the bases for federal subject matter jurisdiction have been extinguished . . .[,] the district court may decline to exercise continuing [pendent] or supplemental jurisdiction over plaintiff’s state claims”).
cited
Cited as authority (rule)
Rainey v. Westminster Public Schools
No. 5, 149 F.3d 1228, 1233-34 (10th Cir. 1998), and workplace frustration, McEvoy v. Shoemaker, 882 F.2d 463, 466 (10th Cir. 1989).
cited
Cited as authority (rule)
Brown v. Flowers
No. 5, 149 F.3d 1228, 1237 (10th Cir. 1998); see also Garcia v. Burlington N. R.
cited
Cited as authority (rule)
Gilbert v. Social Security Commission
No. 5, 149 F.3d 1228, 1237 (10th Cir. 1998)).
discussed
Cited as authority (rule)
Blake v. JPay
No. 5, 149 F.3d 1228, 1237 (10th Cir. 1998)). when a “timely Rule 59(e) motion is pending,” a notice of appeal is “ineffective to confer jurisdiction on a court of appeals.”3 A corollary to this principle is that, under these circumstances, the district court retains jurisdiction over the case until the Rule 59(e) motion is resolved.4 Both Plaintiff and Defendants seem to agree that his Motion to Reconsider is properly treated as a Rule 59(e) motion.
cited
Cited as authority (rule)
Finch v. Wichita, Kansas, City of
No. 5, 149 F.3d 1228, 1237 (10th Cir. 1998) (citation omitted).
cited
Cited as authority (rule)
Smith v. Perez
No. 5, 149 F.3d 1228, 1237 [10th Cir. 1998]); see also Cooter & Gell v. Hartmarx Corp., 496 U.S. 384, 395 , 110 S. Ct. 2447 , 110 L.
cited
Cited as authority (rule)
Security USA Services, LLC v. Invariant Corp.
No. 5, 149 F.3d 1228, 1237 (10th Cir. 1998) (citations and quotation omitted).
cited
Cited as authority (rule)
Dabbs v. Shelter Mutual Insurance Company
No. 5, 149 F.3d 1228, 1237 (10th Cir. 1998)); see also Riggs v. Scrivner, Inc., 927 F.2d 1146, 1148 (10th Cir. 1991).
cited
Cited as authority (rule)
Criss v. United Airlines Inc.
No. 5, 149 F.3d 1228, 1236 (10th Cir. 1998) (quotation omitted).
cited
Cited as authority (rule)
Lamb v. Montrose County Sheriff's
No. 5, 149 F.3d 1228, 1234 (10th Cir. 1998).
discussed
Cited as authority (rule)
Reed Auto of Overland Park, LLC v. Landers McLarty Olathe KS, LLC
No. 5, 149 F.3d 1228, 1237 (10th Cir. 1998) (holding that a district court is not divested of jurisdiction over collateral matters not involved in an appeal).
cited
Cited as authority (rule)
Wells Fargo Bank NA v. Stewart Title Guaranty Company
No. 5, 149 F.3d 1228, 1237 (10th Cir. 1998)).
cited
Cited as authority (rule)
Wrongful Death Estate of Rosemary Naegele v. Khawaja
No. 5, 149 F.3d 1228, 1237 (10th Cir. 1998).
cited
Cited as authority (rule)
Wilson v. IC Bus of Oklahoma, LLC
No. 5, 149 F.3d 1228, 1237 (10th Cir. 1998).
cited
Cited as authority (rule)
Cribari v. Allstate Fire and Casualty
No. 37 5, 149 F.3d 1228, 1237 (10th Cir. 1998) (citation omitted).
cited
Cited as authority (rule)
MTGLQ Investors v. Wellington
No. 5, 149 F.3d 1228, 1236 (10th Cir. 1998) (Rule 37 sanctions).
discussed
Cited as authority (rule)
Hardeman v. Smash
No. 5, 149 F.3d 1228, 1236 (10th Cir. 1998) (citing 28 U.S.C. § 1367 (c)(3); United Mine Workers v. Gibbs, 383 U.S. 715, 725-26 (1966)).
cited
Cited as authority (rule)
Martinez v. Padilla
No. 5, 149 F.3d 1228, 1236-37 (10th Cir. 1998)).
discussed
Cited as authority (rule)
MTGLQ Investors, LP v. Wellington
(2×)
No. 5, 149 F.3d 1228, 1237 (10th Cir. 1998) (citations and quotation omitted).
cited
Cited as authority (rule)
Hall v. Selectquote Insurance Services
No. 5, 149 F.3d 1228, 1236-37 (10th Cir. 1998)).
cited
Cited as authority (rule)
MTGLQ Investors, LP v. Wellington
No. 5, 149 F.3d 1228, 1237 (10th Cir. 1998) (citations and quotation omitted).
Retrieving the full opinion text from the archive…
COUNTY OF LEWIS; Don Fortney; Thomas F. Myers, Plaintiffs-Appellees,
v.
John D. ALLEN, Defendant, and Nez Perce Tribe; Nez Perce Tribal Court; Judges of the Nez Perce Tribal Court, Defendants-Appellants
v.
John D. ALLEN, Defendant, and Nez Perce Tribe; Nez Perce Tribal Court; Judges of the Nez Perce Tribal Court, Defendants-Appellants
94-35979.
Court of Appeals for the Ninth Circuit.
Jul 31, 1998.
Hug.
Published
ORDER
Upon the vote of a majority of nonrecused regular active judges of this court, it is ordered that this case be reheard by the en banc court pursuant to Circuit Rule 35-3. The three-judge panel opinion, County of Lewis v. Allen and Nez Perce Tribe, 141 F.3d 1385 (9th Cir.1998), amended May 5, 1998 and July 24, 1998, is withdrawn.