Kristin Perry v. Dennis Hollingsworth ( 2019 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS APR 19 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
KRISTIN M. PERRY; et al., No. 18-15292
Plaintiffs-Appellees, D.C. No. 3:09-cv-02292-WHO
CITY AND COUNTY OF SAN
FRANCISCO, MEMORANDUM*
Intervenor-Plaintiff-
Appellee,
KQED, INC.,
Intervenor-Appellee,
v.
ARNOLD SCHWARZENEGGER, in his
official capacity as Governor of California;
et al.,
Defendants,
and
DENNIS HOLLINGSWORTH; et al.,
Intervenor-Defendants-
Appellants.
.
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
Appeal from the United States District Court
for the Northern District of California
William Horsley Orrick, District Judge, Presiding
Submitted April 17, 2019**
San Francisco, California
Before: FERNANDEZ, BEA, and N.R. SMITH, Circuit Judges.
In light of the district court’s briefing and hearing schedule for a future
motion to continue to seal the recording at issue, we presently lack jurisdiction
over Proponents’ appeal. The district court’s order compelling “the recordings be
kept under seal . . . until August 12, 2020” is not a “final decision[]” of the district
court. See 28 U.S.C. § 1291. Nor is it a reviewable collateral order, for the order is
not “effectively unreviewable on appeal from a final judgment.” U.S. v. Hickey,
185 F.3d 1064, 1066 (9th Cir. 1999). Accordingly, this appeal is dismissed without
prejudice for lack of jurisdiction.
DISMISSED WITHOUT PREJUDICE.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
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