Cameron Thierry v. Serta Simmons Bedding, LLC

• Court: Court of Appeals for the Eleventh Circuit
• Decided: April 17, 2026
• Docket: 26-10546
• Status: Unpublished

Opinion

USCA11 Case: 26-10546 Document: 10-1 Date Filed: 04/17/2026 Page: 1 of 2

NOT FOR PUBLICATION

In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 26-10546 Non-Argument Calendar ____________________

CAMERON THIERRY, Plaintiff-Appellant, versus

SERTA SIMMONS BEDDING, LLC, Defendant-Appellee. ____________________ Appeal from the United States District Court for the Northern District of Georgia D.C. Docket No. 1:23-cv-00279-MHC-JEM ____________________

Before BRANCH, ABUDU, and KIDD, Circuit Judges. PER CURIAM: This appeal is DISMISSED, sua sponte, for lack of jurisdic- tion. Cameron Thierry appeals from the district court’s January 20, 2026 order dismissing Counts I, II, III, and VI of his second USCA11 Case: 26-10546 Document: 10-1 Date Filed: 04/17/2026 Page: 2 of 2

2 Opinion of the Court 26-10546

amended complaint. However, because Counts IV and V were not dismissed, the court’s order was not a final or appealable decision, and we lack jurisdiction to review the order. See 28 U.S.C. § 1291; Supreme Fuels Trading FZE v. Sargeant, 689 F.3d 1244, 1245-46 (11th Cir. 2012) (explaining that an order that disposes of fewer than all the claims of all parties to an action is not final or immediately ap- pealable unless the district court certifies the order for immediate review pursuant to Fed. R. Civ. P. 54(b)); Fed. R. Civ. P. 54(b) (providing for entry of judgment as to fewer than all claims or par- ties); Freyre v. Chronister, 910 F.3d 1371, 1377 (11th Cir. 2018) (ex- plaining that a district court order which “contemplates further substantive proceedings in a case is not final and appealable”). Moreover, the district court did not certify its order under Rule 54(b) or 28 U.S.C. § 1292(b). See Fed. R. Civ. P. 54(b); 28 U.S.C. § 1292(b). All pending motions are DENIED as moot.