Galaza v. Wolf, No. 17-17037 (9th Cir. 2020)Annotate this Case
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.