Farris v. International Association of Bridge

Background

On November 24, 2020, the court ordered plaintiff CEC Steel Limited Liability Company to appear through counsel by January 8, 2021. The court warned that CEC Steel would be dismissed from the case if it failed to do so. CEC Steel later sent a letter asking for permission to appeal that order.

Appeal standards

The court stated that federal appeals courts generally have jurisdiction over final decisions and certain nonfinal orders. A final decision ends the litigation on the merits and leaves nothing for the district court to do except carry out the judgment.

The court also discussed the collateral-order doctrine, which can permit an immediate appeal of a nonfinal order when the order conclusively decides the disputed question, resolves an important issue separate from the case's merits, and would be effectively impossible to review after final judgment. The court additionally addressed 28 U.S.C. § 1292(b), which permits certification of an immediate appeal when a nonfinal order involves a controlling legal question with substantial disagreement and an immediate appeal could materially advance the end of the litigation.

Ruling

The court held that its order requiring CEC Steel to appear through counsel within 45 days or be dismissed was not appealable under those doctrines. It therefore DENIED CEC Steel leave to file an appeal. To the extent CEC Steel sought certification under 28 U.S.C. § 1292(b), the court DENIED that certification request as well.

The court also ORDERED the defendant to serve the plaintiff with a copy of the order and file proof of service by December 8, 2020.