Third Circuit disposition — 083452npo-pdf

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
C.A. Nos. 08-3452 & 08-3893
DAMON JONES,
Appellant
VS.
LORI LAPINA, P.A.; STANLEY FALOR, M.D.; JOHN OR JANE DOE
(W.D. Pa. Civ. No. 06-cv-01209)
Present: FISHER, JORDAN and VAN ANTWERPEN, Circuit Judges
Submitted are:
(1) Appellant’s motion to quash untimely brief;
(2) Appellees’ response to motion quash;
(3) Appellees’ addendum to response;
(4) Appellant’s reply to Appellees’ response;
(5) Appellees’ supplemental response to motion to quash; and
(6) Appellees’ addendum to supplemental response
in the above-captioned case.
Respectfully,
Clerk
MMW/JAV/clw
JUDGMENT ORDER
The foregoing has been considered by the Court and is ruled upon as follows. We note

-- 1 of 2 --

DAMON JONES,
Appellant
VS.
LORI LAPINA, P.A.; STANLEY FALOR, M.D.; JOHN OR JANE DOE
C.A. Nos. 08-3452 & 08-3893
Page 2
___________________________________________________________
first that although the District Court’s first July 8, 2008 order denied Jones’ first motion
to alter or amend, its second July 8, 2008 order gave Jones an opportunity to respond to
the Defendants-Appellees’ motion to dismiss and the Magistrate Judge’s Report and
Recommendation. As that is essentially the relief Jones sought in his first motion to alter
or amend, Jones’ appeal from the first order is moot. See, e.g., In re Orthopedic Bone
Screw Prod. Liab. Litig., 94 F.3d 110, 111 (3d Cir. 1996). Moreover, the order
effectively reopened the case and, as a result, there was no longer a final, appealable order
in the case. See Firestone Tire & Rubber Co. v. Risjord, 449 U.S. 368, 373 (1980).
Accordingly, we dismiss the appeal docketed at 08-3452.
With regard to the appeal docketed at 08-3893, this matter is remanded to the
District Court to consider the Defendants-Appellees’ motion to dismiss in light of Jones’
response. The District Court was incorrect in its conclusion that it lacked jurisdiction
because of Jones’ first notice of appeal. See Mondrow v. Fountain House, 867 F.2d 798,
800 (3d Cir. 1989). Jones’ motion to quash Appellees’ brief is denied.
By the Court,
/s/ Franklin S. Van Antwerpen
Circuit Judge
Dated: October 8, 2009
CLW/cc: Mr. Damon Jones
Alan S. Gold, Esq.

-- 2 of 2 --