Kristin Perry v. Dennis Hollingsworth

• Court: Court of Appeals for the Ninth Circuit
• Decided: April 19, 2019
• Docket: 18-15292
• Status: Unpublished

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS APR 19 2019 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

KRISTIN M. PERRY; et al., No. 18-15292

Plaintiffs-Appellees, D.C. No. 3:09-cv-02292-WHO

CITY AND COUNTY OF SAN FRANCISCO, MEMORANDUM*

Intervenor-Plaintiff- Appellee,

KQED, INC.,

Intervenor-Appellee,

v.

ARNOLD SCHWARZENEGGER, in his official capacity as Governor of California; et al.,

Defendants,

and

DENNIS HOLLINGSWORTH; et al.,

Intervenor-Defendants- Appellants. .

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Appeal from the United States District Court for the Northern District of California William Horsley Orrick, District Judge, Presiding

Submitted April 17, 2019** San Francisco, California

Before: FERNANDEZ, BEA, and N.R. SMITH, Circuit Judges.

In light of the district court’s briefing and hearing schedule for a future

motion to continue to seal the recording at issue, we presently lack jurisdiction

over Proponents’ appeal. The district court’s order compelling “the recordings be

kept under seal . . . until August 12, 2020” is not a “final decision[]” of the district

court. See 28 U.S.C. § 1291. Nor is it a reviewable collateral order, for the order is

not “effectively unreviewable on appeal from a final judgment.” U.S. v. Hickey,

185 F.3d 1064, 1066 (9th Cir. 1999). Accordingly, this appeal is dismissed without

prejudice for lack of jurisdiction.

DISMISSED WITHOUT PREJUDICE.

** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).