IN THE UNITED STATES DISTRICT COURT FOR THE 

NORTHERN DISTRICT OF FLORIDA 

GAINESVILLE DIVISION 

SHERRIE RUSSELL-BROWN, 

 Plaintiff-Appellant, 

Court of Appeals No. 10-14328-D 

District Court No. 09-cv-00257-MP-GRJ 

v. 

 

THE UNIVERSITY OF FLORIDA, 

BOARD OF TRUSTEES, 

THE UNIVERSITY OF FLORIDA, 

LEVIN COLLEGE OF LAW, and 

ROBERT H. JERRY, II, in his 

individual and official capacities as 

Dean of the University of Florida, 

Levin College of Law, 

Defendants-Appellees. 

___________________________________/ 

PLAINTIFF-APPELLANT’S MOTION TO TERMINATE HEARING (DOC. 155)

Plaintiff-Appellant Sherrie Russell-Brown (“Plaintiff-Appellant” or “Ms. Russell-Brown”) 

respectfully moves and notifies the Court to terminate the motion hearing (Doc. 155), currently 

scheduled for tomorrow morning, October 6, 2010, at 10:00 a.m. There is a pending Subsequent 

Notice of Appeal (Doc. 156), specifically covering Document 155. Consequently, the District Court 

does not have jurisdiction over the above-captioned action. In support of her Motion, Ms. RussellBrown states as follows:

1. On September 27, 2010, the Court entered an Order (Doc. 155) directing the Clerk to 

set a hearing on the Defendants-Appellees’ application for attorney’s fees and costs (Doc. 150), for 

tomorrow, Wednesday, October 6, 2010 at 10:00 a.m. and directing Ms. Russell-Brown to submit 

objections to hours billed or hourly pay rates, if any, in writing no later than close of business Friday, 

October 1, 2010. 

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2. Unlike every other motion hearing in the above-captioned action, the hearing 

mentioned in the Order was never Noticed. 

3. Instead, on September 28, 2010, Ms. Russell-Brown filed a Subsequent Notice of 

Appeal (Doc. 156), amending her initial September 13, 2010 Notice of Appeal (Docs. 146, 147), 

regarding the Court conditioning dismissal on the immediate payment of attorney’s fees and costs, 

specifically to cover Document 155. 

4. According to the full docket text for Document 156, the Eleventh Circuit was advised 

of the Subsequent Notice of Appeal. 

5. The filing of the Subsequent Notice of Appeal divested the District Court of 

jurisdiction over all matters covered in the appeal, including Document 155, and transferred 

jurisdiction over those matters to the Court of Appeals. See, e.g., United States v. Rogers, 788 F.2d 

1472 (11th Cir. 1986). 

6. Consequently, the District Court no longer has jurisdiction over the above-captioned 

action and the hearing currently scheduled for tomorrow morning, October 6, 2010, at 10:00 a.m. 

should be terminated. 

7. As the District Court no longer has jurisdiction over the above-captioned action, 

undersigned counsel will not be in Court tomorrow morning. 

 WHEREFORE, Ms. Russell-Brown respectfully moves and notifies this Honorable Court 

that, given the pending Subsequent Notice of Appeal (Doc. 156), specifically covering Document 

155, the motion hearing currently scheduled for tomorrow morning, October 6, 2010, at 10:00 a.m., 

should be terminated, as the District Court no longer has jurisdiction over the above-captioned 

action. 

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DATED this 5th day of October, 2010. 

 Respectfully submitted, 

/s/ Lennox S. Hinds

Lennox S. Hinds 

New York Bar No. 8196 

Stevens, Hinds & White, PC 

116 West 111th Street 

New York, NY 10026-4206 

(212) 864-4445 

(212) 222-2680 (fax) 

lawfirmshw@yahoo.com 

Attorney for Plaintiff-Appellant 

CERTIFICATE OF COUNSEL

As of this filing, I was unsuccessful in reaching Defendants-Appellees’ counsel for the 

purpose of being able to report to the Court, the Defendants-Appellees’ position on the herein 

Motion. 

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on October 5, 2010, the foregoing has been filed with the Clerk 

of the Court and served electronically by using the CM/ECF system, upon the following: 

Ian S. Marx, Esq. 

Greenberg Taurig, LLP 

200 Park Avenue 

Florham Park, NJ 07932 

Richard C. McCrea, Jr., Esq. 

Greenberg Taurig, LLP 

Courthouse Plaza, Suite 100 

625 East Twiggs Street 

Tampa, FL 33602 

Attorneys for Defendants-Appellees 

/s/ Lennox S. Hinds

Lennox S. Hinds 

Attorney for Plaintiff-Appellant 

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