SYNOPSYS, INC. V. USDOL, No. 20-16416 (9th Cir. 2022)Annotate this Case
The Center for Investigative Reporting (“CIR”) brought a FOIA action against the Department of Labor (“DOL”), claiming that the DOL was improperly withholding workforce demographic data that Synopsys and other companies had submitted pursuant to federal-contractor reporting regulations. The district court granted CIR summary judgment. Seven weeks after that judgment was entered, and eleven days before the deadline to file a notice of appeal, Synopsys moved to intervene as a defendant. About five months after the deadline for filing a notice of appeal of the judgment, the district court denied Synopsys’ motion to intervene but granted their limited intervention for the sole purpose of appealing the judgment. Synopsys then filed a notice of appeal from the judgment.
The Ninth Circuit dismissed for lack of appellate jurisdiction prospective intervenor Synopsys’ untimely appeal of the district court’s grant of summary judgment in favor of CIR and dismissed as moot CIR’s and DOL’s cross-appeals. The court reasoned that although generally, only parties may appeal an adverse judgment, it does not follow that the deadline to file a notice of appeal for prospective intervenors is different from the deadline for parties. Further, Synopsys’s motion to intervene could not be construed as a notice of appeal because that motion did not satisfy the requirements of Fed. R. App. P. 3. The court also held that because Synopsys did not file a timely notice of appeal of the judgment in favor of CIR, the court lacked jurisdiction to hear the merits of that appeal.