Huey v. Teledyne, Inc.
Huey v. Teledyne, Inc.
Opinion of the Court
This matter is before us again after remand. The history of this litigation is fully chronicled in Huey v. Teledyne, Inc. (Huey I), 608 F.2d 1234 (9th Cir. 1979). To summarize the facts, Huey’s action against Tel-edyne, Inc. was dismissed with prejudice by the district court in 1977 for want of prosecution. Huey appealed to this court, .seeking review of the dismissal and review of the district court’s order denying class certification. In Huey I, we' held that the dismissal was a proper exercise of the district court’s discretion and that the interlocutory order denying class certification did not merge into the dismissal for failure to prosecute so as to be re viewable on appeal. We remanded the case, however, for technical
On remand, after reconsideration of its previous order, the district court entered a new order dismissing Huey’s action with prejudice. Huey appeals a second time, again challenging the dismissal and seeking review of the order denying class certification.
In accordance with our decision in Huey I, the district court corrected its previous order dismissing Huey’s action for failure to prosecute. Because the dismissal was proper save for a technicality in the order, we find no abuse of discretion in the district court’s entry of a new order dismissing Huey’s action on the same ground. For the reasons stated in our opinion in Huey I, the order denying class certification is not reviewable.
Accordingly, the judgment of the district court is AFFIRMED.
Reference
- Full Case Name
- Roy HUEY, in behalf of himself and other persons similarly situated v. TELEDYNE, INC., a corporate entity Henry E. Singleton, George A. Roberts, George Kosmetsky, Robert C. Jackson, Arthur Rock and Claude E. Shannon
- Cited By
- 1 case
- Status
- Published