Case: 23-2002 Document: 7 Page: 1 Filed: 10/20/2023
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
SABINSA CORP.,
Plaintiff-Appellee
v.
HERBAKRAFT, INC.,
Defendant
PRAKRUTI PRODUCTS PVT. LTD.,
Defendant-Appellant
______________________
2023-2002
______________________
Appeal from the United States District Court for the
District of New Jersey in No. 1:14-cv-04738-RBK-SAK,
Senior Judge Robert B. Kugler.
______________________
Before DYK, CUNNINGHAM, and STARK, Circuit Judges.
PER CURIAM.
ORDER
Following this court’s show cause order directing the
parties to address whether this appeal should be dismissed
for lack of jurisdiction, we dismiss.
The district court sanctioned Prakruti Products PVT.
Ltd. (“Prakruti”) for discovery misconduct. The court
Case: 23-2002 Document: 7 Page: 2 Filed: 10/20/2023
2 SABINSA CORP. v. HERBAKRAFT, INC.
thereafter held Prakruti in “civil contempt” for failing to
comply with the sanctions order, directed the clerk of court
to enter default, and scheduled briefing on default judg-
ment. Prakruti filed this appeal, even though the motion
for default judgment remains pending.
In general, we only have jurisdiction to review a “final
decision” from district court,
28 U.S.C. § 1295(a)(1)—one
that “ends the litigation on the merits and leaves nothing
for the court to do but execute the judgment.” Catlin v.
United States,
324 U.S. 229, 233 (1945). Here, Prakruti
does not appeal from such a decision. “[C]ivil contempt or-
ders [against parties] are not final judgments, even when a
fine is assessed,” Entegris, Inc. v. Pall Corp.,
490 F.3d 1340,
1347–48 (Fed. Cir. 2007), and “the entry of default is an
‘interlocutory act and, as such, a non-final order.’” City of
New York v. Mickalis Pawn Shop, LLC,
645 F.3d 114, 128
n.15 (2d Cir. 2011) (citation omitted).
Accordingly,
IT IS ORDERED THAT:
(1) The appeal is dismissed.
(2) Each party shall bear its own costs.
FOR THE COURT
October 20, 2023 /s/ Jarrett B. Perlow
Date Jarrett B. Perlow
Clerk of Court
