Kristin Perry v. Dennis Hollingsworth

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NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS APR 19 2019 MOLLY C. DWYER, CLERK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).