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Lineas Aereas Allegro S.A. de C.V. v. Pegasus Aviation Inc.
Citation: 141 F. App'x 644Docket: No. 04-15224
Court: Court of Appeals for the Ninth Circuit; August 12, 2005; Federal Appellate Court
Lineas Aéreas Allegro, S.A. de C.V. (Allegro) appealed the district court's order that granted Pegasus Aviation Inc. (Pegasus) a motion to clarify two prior contempt orders. The appellate court affirmed the district court's decision, asserting jurisdiction under 28 U.S.C. § 1291. The court noted that Pegasus's motion was solely for clarification and did not seek to amend the original contempt orders, complying with Federal Rule of Civil Procedure 60(a). Furthermore, the clarifying order did not address any issues pending on appeal, reinforcing the district court's jurisdiction to clarify its orders. The appeal's disposition is not intended for publication and is restricted from citation as per Ninth Circuit Rule 36-3. The court confirmed that it reviews subject matter jurisdiction de novo, citing relevant case law, and reiterated that a notice of appeal generally divests the district court of jurisdiction over matters involved in the appeal. The appellate court concluded by affirming the lower court's ruling.