Kilkenny v. Greenberg Traurig, LLP et al, No. 1:2005cv06578 - Document 33 (S.D.N.Y. 2006)

Court Description: MANDATE of USCA (Certified Copy) as to [31] Notice of Appeal, filed by Patrick Kilkenny, USCA Case Number 06-3247-cv. This Court has determined sua sponte that it lacks jurisdiction over the appeal because a final order has not been issued by the district court as contemplated by 28 U.S.C. section 1291. See Coopers & Lybrand v. Livesay, 437 U.S. 463, 467(1978) ("Federal appellate jurisdiction generally depends on the existence of a decision by the District Court that ends the litigation on the merits and leaves nothing for the court to do but execute the judgment.") (citation omitted). Moreover, the order appealed from was not certified by the District Court for interlocutory review under 28 U.S.C. section1292 (b), it does not satisfy the requirements of Fed. R. Civ. P. 54 (b), and it does not fall within the collateral order expection, see Whiting v. Lacara, 187 F.3d 317, 320 (2d Cir. 1999)(noting that to fit within the collateral order expection, the interlocutory order must concusively determine the disputed question, resolve an important issue completely separate from the merits of the action, and be effectively unreviewable on appeal from a final judgment.) Therefore, it is Ordered that the appeal is Dismissed for lack of jurisdiction. Appellant`s motion to disqualify is Denied as moot. Thomas Asreen, Acting Clerk USCA. Issued As Mandate: 11/29/2006. (nd, )
Download PDF
Case 1:05-cv-06578-NRB Kilkenny v. Greenberg Traurig, LLP et al Doc. 33 Document 33 Filed 12/01/2006 Page 1 of 2 Case 1:05-cv-06578-NRB Document 33 Filed 12/01/2006 Page 2 of 2