Zaffina v. Twentieth Century Fox Film Corp.
Zaffina v. Twentieth Century Fox Film Corp.
Opinion of the Court
MEMORANDUM
We dismiss this appeal for lack of jurisdiction. The district court’s order granting in part and denying in part Zaffina’s ex parte application for remand (“Order”), from which Zaffina now appeals, is not a final judgment under 28 U.S.C. § 1291. In the Order, the district court concluded that two of Zaffina’s claims were preempted under Section 301 of the Labor-Management Relations Act, 29 U.S.C. § 185(a). The court retained jurisdiction over those two preempted claims and remanded the non-preempted claims to state court. The Order addressed the court’s subject matter jurisdiction only and did not reach the merits of the preempted claims under federal labor law. The docket confirms that Defendants-Appellees never moved to dismiss the preempted claims, nor did Zaffina voluntarily dismiss them for the purposes of appeal. In short, the district court never issued a final judgment as to the claims over which it retained jurisdiction.
Zaffina provides no authority for the conclusion that the Order he appeals from was a final judgment under Section 1291. In every case he cites for the proposition that jurisdiction is proper, the district court had disposed of all the claims prior to the appeal. See Quackenbush v. Allstate Ins. Co., 517 U.S. 706, 710, 116 S.Ct. 1712, 135 L.Ed.2d 1 (1996) (“The District Court did not stay its hand pending the California courts’ resolution of the setoff
DISMISSED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Reference
- Full Case Name
- Dino M. ZAFFINA v. TWENTIETH CENTURY FOX FILM CORPORATION, a California corporation, a/k/a Twentieth Century Fox Television Global Entertainment Partners, LLC, a California limited liability company, a/k/a EPSG Management Services, f/k/a Entertainment Partners, Inc.
- Status
- Published