Unpublished Disposition, 940 F.2d 669 (9th Cir. 1990)

ORDER^** 

Appellant was the attorney for plaintiffs Pioneer Lumber Treating, Inc., and others in a civil RICO action in the District Court for the District of Hawaii. In an order of January 22, 1990, the district court dismissed the complaint and imposed a Rule 11 sanction for the filing of a frivolous pleading. In an order clarifying the Rule 11 award, the court made clear its intent to impose the award on attorney Thomason, and not on the plaintiffs. Thomason appeals from the Rule 11 award and the clarifying order.

In making its Rule 11 award, the district court did not indicate the amount of the sanction, but rather left the determination of the fees and costs to a magistrate. The notice of appeal, and first amended notice of appeal, each dated November 21, 1990, appeal only from the district court's orders entered on January 22, 1990, granting defendant's motion to dismiss and awarding sanctions, and on February 12, 1990, clarifying the Rule 11 award.

We ordered supplemental briefing to determine whether a final order quantifying the Rule 11 award has been entered. Although the parties disagree whether this court has jurisdiction under Jensen Elec. v. Moore, Caldwell, Rowland & Dodd, 873 F.2d 1327, 1329 (9th Cir. 1989), there is no dispute that no order regarding the amount of the Rule 11 award has been entered. It is our view that Jensen prevents appellate jurisdiction in this case.

DISMISSED.