Galaza v. Wolf, No. 17-17037 (9th Cir. 2020)
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When a party that has suffered an adverse partial judgment subsequently dismisses any remaining claims without prejudice, and does so without the approval and meaningful participation of the district court, this court lacks jurisdiction under 28 U.S.C. 1291.
The Ninth Circuit dismissed plaintiff's appeal of the district court's dismissal of her Rehabilitation Act claim. The panel dismissed the appeal based on lack of jurisdiction, because plaintiff voluntarily dismissed what she thought were her sole remaining claims without prejudice after the district court dismissed her Rehabilitation Act claim, and because the district court did not meaningfully participate in the dismissal of those claims and did not formally dismiss an additional remaining claim. The panel explained that the procedural posture indicates that the district court did not intend to enter a final judgment and that the retaliation claim is still before the district court.
Court Description: Appellate Jurisdiction. The panel dismissed an appeal for lack of appellate jurisdiction under 28 U.S.C. § 1291 because the district court’s decision was not final for purposes of conferring jurisdiction in plaintiff’s action alleging claims under federal and state law after her employment with the Transportation Security Administration was terminated. Plaintiff filed a first amended complaint asserting Title VII claims for sex discrimination, race discrimination, and retaliation; and filed a motion for reconsideration regarding the dismissal of her Rehabilitation Act claim. The district court: denied the government’s motion to dismiss the first amended complaint without prejudice to renewal; found that plaintiff had otherwise adequately pled Title VII sex and race discrimination claims; did not separately address plaintiff’s Title VII retaliation claim; and denied plaintiff’s motion for reconsideration, affirming its decision that the Aviation and Transportation Security Act preempted the Rehabilitation Act. The panel dismissed for lack of jurisdiction because plaintiff voluntarily dismissed what she thought were her sole remaining claims without prejudice after the district court dismissed her Rehabilitation Act claim, and because the district court did not meaningfully participate in the dismissal of those claims and did not formally dismiss an GALAZA V. WOLF 3 additional remaining claim. The panel further held that the procedural posture of the case indicated that the district court did not intend to enter a final judgment and that the retaliation claim was still before the district court. Judge Paez concurred in the judgment. He agreed that there was no subject matter jurisdiction over the appeal, but he would reach that determination on a narrower ground. Judge Paez would hold that plaintiff’s outstanding retaliation claim prevented the district court’s dismissal of the Rehabilitation Act claim from being designated as a final judgment under 28 U.S.C. § 1291, and he would not reach the issue of whether plaintiff’s voluntary dismissal could be construed as one with prejudice for purposes of establishing a final judgment. Judge Collins concurred in the majority opinion which held that there was no jurisdiction over the appeal of the dismissal of plaintiff’s Rehabilitation Act for two reasons, and wrote separately to respond to Judge Paez’s concurrence, which took issue with the second reason. Judge Collins wrote that Judge Paez was wrong in suggesting that plaintiff’s voluntary dismissal of her race and sex discrimination claims without prejudice presented no jurisdictional obstacle in this case; and rather, on this record, it was the principal obstacle to appellate jurisdiction.
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