LaRonda Phox v. George E. Fern Co.

Eighth Circuit

LaRonda Phox v. George E. Fern Co.

506 F. App'x 530

CourtCourt of Appeals for the Eighth Circuit

DecidedMay 6, 2013

Docket12-3101

StatusUnpublished

This text of 506 F. App'x 530 (LaRonda Phox v. George E. Fern Co.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

LaRonda Phox v. George E. Fern Co., 506 F. App'x 530 (8th Cir. 2013).

Pincite

Opinion

PER CURIAM.

LaRonda Phox seeks to appeal various orders entered by the district court 1 that *531 granted summary judgment to defendant International Alliance of Theatrical Stage Employees Local 31, denied her motions for a default judgment against defendant George E. Fern Co. (GFC), and denied discovery motions and her motions to amend her complaint.

We conclude this court lacks jurisdiction over this appeal, because Phox’s claims against defendant GFC remain pending before the district court. Thus there is no final judgment for us to review. See 28 U.S.C. § 1291 (courts of appeals shall have jurisdiction over appeals from all final decisions and specified interlocutory orders); Thomas v. Basham, 931 F.2d 521, 523 (8th Cir.1991) (jurisdictional issues are raised sua sponte; order dismissing fewer than all claims in pending action is not final appealable order under § 1291); see also Tenkku v. Normandy Bank, 218 F.3d 926, 927 (8th Cir.2000) (“[p]retrial discovery orders are not immediately appealable”); Bean v. Dormire, 10 F.3d 538, 539 (8th Cir.1993) (district court’s denial of default judgment is not final appealable order); Liddell v. Bd. of Educ., 693 F.2d 721, 726 (8th Cir.1981) (order) (same for denial of motion to amend). We therefore dismiss the appeal for lack of jurisdiction. We deny as moot Phox’s pending motions.

1

. The Honorable Dean Whipple, United States District Judge for the Western District *531 of Missouri.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

LaRonda Phox seeks to appeal various orders entered by the district court 1 that *531 granted summary judgment to defendant International Alliance of Theatrical Stage Employees Local 31, denied her motions for a default judgment against defendant George E. Fern Co. (GFC), and denied discovery motions and her motions to amend her complaint.

We conclude this court lacks jurisdiction over this appeal, because Phox’s claims against defendant GFC remain pending before the district court. Thus there is no final judgment for us to review. See 28 U.S.C. § 1291 (courts of appeals shall have jurisdiction over appeals from all final decisions and specified interlocutory orders); Thomas v. Basham, 931 F.2d 521, 523 (8th Cir.1991) (jurisdictional issues are raised sua sponte; order dismissing fewer than all claims in pending action is not final appealable order under § 1291); see also Tenkku v. Normandy Bank, 218 F.3d 926, 927 (8th Cir.2000) (“[p]retrial discovery orders are not immediately appealable”); Bean v. Dormire, 10 F.3d 538, 539 (8th Cir.1993) (district court’s denial of default judgment is not final appealable order); Liddell v. Bd. of Educ., 693 F.2d 721, 726 (8th Cir.1981) (order) (same for denial of motion to amend). We therefore dismiss the appeal for lack of jurisdiction. We deny as moot Phox’s pending motions.

1

. The Honorable Dean Whipple, United States District Judge for the Western District *531 of Missouri.

Cite This Page — Counsel Stack

Bluebook (online)

506 F. App'x 530, Counsel Stack Legal Research, https://law.counselstack.com/opinion/laronda-phox-v-george-e-fern-co-ca8-2013.

Opinion

Related

Cite This Page — Counsel Stack