NOT RECOMMENDED FOR PUBLICATION File Name: 24a0378n.06

No. 23-3792

UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT

) COLUMBIA GAS TRANSMISSION, LLC, FILED ) Plaintiff-Appellee, ) Sep 06, 2024 KELLY L. STEPHENS, Clerk ) v. ) ) 171.54 ACRES OF LAND, MORE OR LESS, IN ) ON APPEAL FROM THE FAIRFIELD, HOCKING, MONROE, MORGAN, ) UNITED STATES DISTRICT MUSKINGUM, NOBLE, PERRY, AND VINTON, ) COURT FOR THE SOUTHERN DISTRICT OF OHIO Defendant, ) ) OPINION BLACKHAWK LAND AND RESOURCES, LLC, ) ) Defendant-Appellant. ) )

Before: MOORE, KETHLEDGE, and BLOOMEKATZ, Circuit Judges.

PER CURIAM. Columbia Gas Transmission, LLC, filed a condemnation action against

several defendants, including Blackhawk Land and Resources, LLC, to facilitate the construction

of a natural-gas pipeline. After years of litigation, Columbia purported to dismiss its claims against

Blackhawk. Blackhawk then filed a motion for attorneys’ fees, which the district court denied.

Blackhawk appealed. We dismiss the appeal because we lack jurisdiction.

We have jurisdiction over appeals “from all final decisions of the district courts of the

United States.” 28 U.S.C. § 1291. “A ‘final decision’ is one that ends the litigation on the merits

and leaves nothing for the court to do but execute the judgment.” Ray Haluch Gravel Co. v.

Central Pension Fund, 571 U.S. 177, 183 (2014). No. 23-3792, Columbia Gas Transmission, LLC v. 171.54 Acres of Land

In cases—like this one—that involve multiple parties and claims, an order can become

final in one of three ways. First, the district court can issue a separate document entering final

judgment as to all parties. Fed. R. Civ. P. 58(a). Second, 150 days can elapse from the entry of

the final order in the civil docket (the time at which the district court should have issued a separate

document). Fed. R. Civ. P. 58(c)(2)(B). Or third, the district court can enter final judgment as to

fewer than all parties after it determines “there is no just reason for delay.” Fed. R. Civ. P. 54(b).

None of those things has happened here. The district court issued an “Opinion and Order”

dismissing the “following remaining associated named Defendants,” but did not accompany that

order with a final judgment. And that order came on July 17 of this year—50 days ago. Id. The

court also denied Blackhawk’s motion for attorney’s fees on August 28 of last year, but did not

certify that order under Rule 54(b). Given all those omissions, we lack jurisdiction to hear

Blackhawk’s appeal until the district court enters a final judgment either ending the litigation

entirely or ending it as to Blackhawk.

We dismiss the appeal.

-2-