Nicole Fedynich v. Juana Lozano

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 21-1463
NICOLE FEDYNICH; ELIZABETH FEDYNICH,
Plaintiffs - Appellants,
v.
JUANA LOZANO, in her official capacity, Assistant Manager Valor Phase II, LP;
MARIE WHITE, in her official capacity, Apartment Manager Valor Phase II, LP;
STEVE BOYCE, in his official capacity, Senior Vice President; ANGELICA
REDFERN, in her official capacity, Regional Property Manager; VALOR PHASE
II, LP; S. L. NUSBAUM REALTY, CO.,
Defendants - Appellees.
No. 21-1574
NICOLE FEDYNICH; ELIZABETH FEDYNICH,
Plaintiffs - Appellants,
v.
JUANA LOZANO, in her official capacity, Assistant Manager Valor Phase II, LP;
MARIE WHITE, in her official capacity, Apartment Manager Valor Phase II, LP;
STEVE BOYCE, in his official capacity, Senior Vice President; ANGELICA
REDFERN, in her official capacity, Regional Property Manager; VALOR PHASE
II, LP; S. L. NUSBAUM REALTY, CO,
Defendants - Appellees.
Appeals from the United States District Court for the Eastern District of Virginia, at
Richmond. M. Hannah Lauck, District Judge. (3:20-cv-00260-MHL)
Submitted: August 19, 2021 Decided: August 23, 2021
Before GREGORY, Chief Judge, FLOYD, and RUSHING, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Nicole Fedynich, Elizabeth Fedynich, Appellants Pro Se. Jennifer Lynn McGovern,
Jennifer Lee Parrish, PARRISH SNEAD FRANKLIN SIMPSON, PLC, Fredericksburg,
Virginia, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Nicole and Elizabeth Fedynich (collectively, the “Fedynichs”) seek to appeal the
district court’s order dismissing with prejudice seven of their eight claims against
Defendants, and the district court’s subsequent order denying their motion for continuance
of an initial pretrial conference. This court may exercise jurisdiction only over final orders,
28 U.S.C. § 1291, and certain interlocutory and collateral orders, 28 U.S.C. § 1292; Fed.
R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46 (1949).
“Ordinarily, a district court order is not final until it has resolved all claims as to all parties.”
Porter v. Zook, 803 F.3d 694, 696 (4th Cir. 2015) (internal quotation marks omitted).
Because the Fedynichs’ retaliation claim under the Fair Housing Act, 42 U.S.C.
§§ 3601-19, is still pending before the district court, we conclude that the orders the
Fedynichs seek to appeal are neither final orders nor appealable interlocutory or collateral
orders. Accordingly, we dismiss the appeals for lack of jurisdiction. We dispense with
oral argument because the facts and legal contentions are adequately presented in the
materials before this court and argument would not aid the decisional process.
DISMISSED
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