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`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF MICHIGAN
`SOUTHERN DIVISION
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`IN RE AUTOMOTIVE PARTS
`ANTITRUST LITIGATION
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`Case No. 12-md-2311
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`Sean F. Cox
`United States District Court Judge
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`OPINION AND ORDER
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`In this multidistrict litigation, the Court denied the motion to intervene filed by Financial
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`Recovery Services, LLC (“FRS”) on November 17, 2020. (ECF No. 2101.) FRS timely appealed
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`to the Sixth Circuit. (ECF No. 2105.) The filing of an appeal “confers jurisdiction on the court of
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`appeals and divests the district court of its control over those aspects of the case involved in the
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`appeal.” Taylor v. KeyCorp, 680 F.3d 609, 616 (6th Cir. 2012) (quoting Griggs v. Provident
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`Consumer Discount Co., 459 U.S. 56, 58 (1982)); see also 16A Wright & Miller, Fed. Prac. &
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`Proc. Juris. § 3949.1 (5th ed.). FRS has filed its brief, and the case is pending. See Brief for
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`Appellant, End-Payor Plaintiffs v. Financial Recovery Services, LLC, No. 20-2260 (Apr. 21,
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`2021). Therefore, the Court no longer has jurisdiction over that motion to intervene.
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`In the meantime, FRS filed an “Emergency Motion to Compel Acceptance and Processing
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`of Vehicle Data” with this Court on February 17, 2021. (ECF No. 2114). It asks the Court to “order
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`Class Counsel and the Claims Administrator to (1) permit FRS and the Insurers a reasonable
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`opportunity to submit vehicle data in support of their timely filed claim forms” and to “(2) deem
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`that data timely for the purpose of evaluating FRS and Insurers’ eligibility to recover under the
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`End-Payor Settlements.” (ECF No. 2114, PageID.38329.) However, FRS remains a non-party to
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`Case 2:12-md-02311-SFC-RSW ECF No. 2134, PageID.39178 Filed 04/28/21 Page 2 of 2
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`this case while its earlier appeal is pending. And it cites no authority for the court to grant such a
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`“motion to compel acceptance” from a non-party.
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`The Court could construe the present motion as a motion for reconsideration under Local
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`Rule 7.1(h). In order to prevail, FRS must show the existence of a palpable defect that misled the
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`parties and the Court and the correction of such defect would result in a different disposition of
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`the case. See E.D. Mich. L.R. 7.1(h)(3). The motion also must be filed within 14 days after entry
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`of the judgment. See E.D. Mich. L.R. 7.1(h)(1). FRS has failed to meet either of these
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`requirements.
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`FRS’ motion is hereby DENIED.
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`IT IS SO ORDERED.
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`Dated: April 28, 2021
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`s/Sean F. Cox
`Sean F. Cox
`U. S. District Judge
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