Star Insurance Co v. Livestock Prodcr Inc

Opinion

UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

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No. 01-30486

STAR INSURANCE CO.

Plaintiff - Appellee

VERSUS

LIVESTOCK PRODUCERS, INC.; GEORGE RONALD STRATTON Defendants, Appellants

RONNIE STRATTON, doing business as Livestock Producers, Inc.;

LIVESTOCK PRODUCERS, INC.

Plaintiff - Appellants

VERSUS

MEADOWBROOK, INC.; ET AL

Defendants

STAR INSURANCE CO.

Defendant - Appellee

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Appeal from the United States District Court For the Western District of Louisiana (99-CV-2)

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November 6, 2001

Before DeMOSS, PARKER, and DENNIS, Circuit Judges.

2

PER CURIAM:

Livestock Producers, Inc. (“LPI”) and Ronnie Stratton (“Stratton”) (collectively referred to as the “Plaintiffs”) appeal the district court’s decision to deny their motion for leave to file a second amended complaint. Although the parties have not contested this court’s jurisdiction, we are under a continuing obligation to ensure that we have jurisdiction to hear this appeal. MCG, Inc. v. Great Western Energy Corp., 870 F.2d 170, 173 (5th Cir. 1990). Therefore, we can raise the issue sua sponte. Id.

Under 28 U.S.C. § 1291, we have jurisdiction over all “final decisions” of the district court. However, in this case, it is not clear whether the district court has entered a “final decision” because it has not entered a final judgment. We therefore REMAND this case back to the district court for further clarification. If all claims have been ruled upon, the district court shall enter final judgment.