Case 2:09-cv-00791-CEH-SPC Document 236 Filed 07/02/10 Page 1 of 3

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA
FT. MYERS DIVISION

JENNIFER FRANKLIN PRESCOTT,

DR. JORG BUSSE,

Plaintiffs,

v. CASE NO. 2: 09-CV-791-FtM-36SPC

ROGER ALEJO; KENNETH M. WILKINSON;

JACK N. PETERSON; ROGER DESJARLAIS;
LEE COUNTY, FLORIDA; LEE COUNTY
VALUE ADJUSTMENT BOARD; LORI L.
RUTLAND; STATE OF FLORIDA, BOARD OF
TRUSTEES OF THE INTERNAL IMPROVEMENT
TRUST FUND; STATE OF FLORIDA,
DEPARTMENT OF ENVIRONMENTAL
PROTECTION; CHAD LACH; CHARLES "BARRY"
STEVENS; REAGAN KATHLEEN RUSSELL;
KAREN B. HAWES; CHARLIE GREEN; BOB JANES;
BRIAN BIGELOW; RAY JUDAH; TAMMY HALL;
FRANK MANN; UNITED STATES ATTORNEY(S);
SEAN P. FLYNN; E. KENNETH STEGEBY; DAVID
P. RHODES; A. BRIAN ALBRITTON; CYNTHIA A.
PIVACEK; JOHNSON ENGINEERING, INC.; STEVEN
CARTA; MIKE SCOTT; HUGH D. HAYES; GERALD
D. SIEBENS; STATE OF FLORIDA ATTORNEY
GENERAL; WILLIAM M. MARTIN; PETERSON
BERNARD; SKIP QUILLEN; TOM GILBERTSON,

Defendants.
/

ORDER

THIS CAUSE is before the Court on Plaintiffs’ post-judgment “emergency” motions (Dkt.

215, 217, 218, 219, 231). The Court issued an order on June 23, 2010 dismissing this action without

prejudice(Dkt. 213). On June 24, 2010, the Clerk issued a judgment of dismissal(Dkt. 214).

Plaintiffs filed a notice of appeal (Dkt. 216) as to the Court’s order dismissing their complaint
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without prejudice.1

I. STANDARD

Generally, once a district court enters an order on the merits of a case, the court no longer has

jurisdiction to rule on motions addressing the merits. See Miller v. Morris Comm. Co., LLC, 234

Fed. Appx. 881, 884 (11th Cir. Apr. 4, 2007)(finding it proper for the district court to hold that it did

not have jurisdiction to hear motions relating to the merits of the case after a final judgment). After

an order on the merits is entered, the district court may only entertain motions that do not address

the merits, like motions for sanctions. Id. (citing Martin v. Automobile Lamborghini Exclusive Inc.,

307 F.3d 1332, 1335 (11th Cir. 2002)); see McDonald v. Oliver, 642 F.2d 169, 172 (5th Cir.

1981)(“[The district court] lost its ancillary jurisdiction when the underlying lawsuit was

dismissed.).2

II. ANALYSIS

Here, the Court issued an order dismissing the complaint without prejudice. A judgment of

dismissal was entered. Plaintiffs filed their notice of appeal as to that order. Additionally, Plaintiffs

filed several “emergency” motions regarding the merits of the case (Dkt. 215, 217-19, 231). This

Court does not have jurisdiction to address further motions in this case which directly relate to the

merits of the case. Therefore, the motions are denied for lack of jurisdiction.

Plaintiffs have also filed several documents entitled “Published Public Notice” (Dkt. 220,

221, 223, 225, 226, 229, 230, 232, 233, 234, and 235). These documents do not relate to any

1
Plaintiffs also appeal the Court’s order denying their motion for recusal (Dkt. 210).
2
The Eleventh Circuit adopted as binding precedent all decisions of the former Fifth
Circuit handed down prior to the close of business on September 30, 1981. Bonner v. Prichard,
661 F.2d 1206, 1209 (11th Cir. 1981)(en banc); see S. Grouts & Mortars v. 3m Co., 575 F.3d
1235, 1250 n. 9 (11th Cir. 2009).
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pending motion. Further, they are not motions which request affirmative relief by the Court. They

are immaterial to this case, which has been dismissed. Moreover, some of the documents contain

scandalous materials. These notices should, therefore, be stricken. See Rule 12 (f), Fed. R. Civ. P.

Accordingly, it is hereby ORDERED and ADJUDGED as follows:

1. Plaintiffs’ Emergency Motions (Dkt. 215, 217, 218, 219, 231) are DENIED for lack

of jurisdiction.

2. The Clerk is directed to terminate these motions.

3. The Clerk is further directed to no longer accept ANY filings from Plaintiffs in

this case because a judgment has been entered and Plaintiffs have filed a notice

of appeal as to the Court’s Order (Dkt. 213), and this case is CLOSED.

4. Finally, the Clerk is also directed to strike Published Public Notices from the record

(Dkt. 220, 221, 223, 225, 226, 229, 230, 232, 233, 234, 235).

DONE AND ORDERED at Ft. Myers, Florida, on July 2, 2010.

COPIES TO:
COUNSEL OF RECORD AND UNREPRESENTED PARTIES

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