St. Louis Heart Center, Inc. v. Jackson & Coker Locumtenens, LLC
Opinion
St. Louis Heart Center, Inc. (Heart Center) brought this suit against Jackson & Coker Locumtenens, LLC (Jackson), alleging violations of the Telephone Communications Protection Act. Jackson moved to dismiss, arguing that it had made a full settlement offer to Heart Center, and therefore, although the offer had been rejected, the case was moot. The district court 1 denied the motion to dismiss, as well as Jackson’s ensuing motions for reconsideration and to certify the question for interlocutory appeal pursuant to 28 U.S.C. § 1292(b). This appeal followed, in which Jackson argues that appellate jurisdiction exists under the collateral-order doctrine. 2
Having carefully reviewed the parties’ appellate submissions, we conclude that the denial of Jackson’s motion to dismiss the case as moot, due to a settlement offer, is not a collateral order. See Digital Equip. Corp. v. Desktop Direct, Inc., 511 U.S. 863, 867-69, 114 S.Ct. 1992, 128 L.Ed.2d 842 (1994) (collateral-order doctrine comprises only district court decisions that are conclusive, resolve important questions completely separate from merits, and would render such important questions effectively unreviewable on appeal from final judgment; conditions for collateral-order are “stringent” and exception is “narrow”; holding that “right to avoid trial” negotiated in private settlement agreement could be adequately vindicated on appeal from final judgment). As a result, this court lacks jurisdiction over the appeal. See 28 U.S.C. § 1291.
Accordingly, we dismiss this appeal for lack of jurisdiction.
Reference
- Full Case Name
- ST. LOUIS HEART CENTER, INC., Individually and as the Representative of a Class of Similarly-Situated Persons, Plaintiff-Appellee v. JACKSON & COKER LOCUMTENENS, LLC, Defendant-Appellant
- Status
- Unpublished