Tidwell

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

EDWARD C TIDWELL, Case No. 23-cv-00776-AGT Plaintiff, y. ORDER ON MOTION TO COMPEL Re: Dkt. No.

KAISER FOUNDATION HEALTH PLAN,

INC., et al., Defendants. On May 10, 2023, the Court granted defendants’ motion to dismiss for lack of subject- matter jurisdiction. See Dkt. 46. On May 15, 2023, plaintiff filed a notice of appeal. See Dkt. 47. On May 30, 2023, plaintiff filed a motion to compel defendants to produce certain docu- ments, including “the retainer agreement” between defendants and their attorneys. Dkt. 53 at 1. Plaintiff filed the motion to compel in this Court, but plaintiff presented the motion on a Form 27, which is a form used by the Ninth Circuit. The caption of the motion reads, “United States Court of Appeals for the Ninth Circuit.” Jd. “[T]he filing of a notice of appeal generally divests the trial court of jurisdiction.” In re Silberkraus, 336 F.3d 864, 869 (9th Cir. 2003). Relying on this “judicially-created doctrine,” which seeks “to avoid the potential confusion and waste of resources from having the same issue before two separate courts at the…