Background
Plaintiff ATLC, Inc. filed a second amended complaint against several defendants, including Broadband iTV, Inc., asserting three counts related to business dealings. The district court denied Broadband iTV’s motion for summary judgment and granted Plaintiff’s motion for partial summary judgment on Count II. Plaintiff then amended its complaint to remove Count I, leaving Count II and Count III. The district court subsequently denied Broadband iTV’s motion for reconsideration of its April tenth order. Broadband iTV appealed both the April tenth and April twenty-seventh orders.
The court’s reasoning
The court determined it lacked jurisdiction because the orders Broadband iTV attempted to appeal were not final decisions under Section twelve ninety-one of Title twenty-eight. The orders did not resolve all claims or end the case on the merits, as Count III expressly remained pending before the district court and was set for trial. The district court had not certified either order for immediate review under Section twelve ninety-two of Title twenty-eight or entered a partial final judgment under Federal Rule of Civil Procedure fifty-four, subsection B. Furthermore, the orders were not immediately appealable under the collateral order doctrine because they were not separate from the merits of the case and were effectively reviewable on appeal from a final judgment.
What it means going forward
The dismissal prevents Broadband iTV from challenging the district court’s summary judgment rulings until the entire case, including Count III, is resolved by a final judgment.