Koniag, Inc. v. Kurt Kanam

MEMORANDUM

Native Village of Karluk tribal attorney Kurt Kanam and Karluk Tribal Court Judge Orbie Mullins (collectively, Defendants) appeal the district court’s order entered on July 29, 2013, granting partial summary judgment and a permanent injunction in favor of Koniag, Inc. and Ko-niag’s attorney Michael P. O’Connell. Because Defendants’ notice of appeal is untimely, we dismiss.

Defendants’ notice of appeal dated August 19, 2013, does not challenge a final decision or interlocutory order. See 28 U.S.C. §§ 1291 (appeal of final decision), 1292 (appeal of certain interlocutory orders).

Defendants’ amended notice of appeal dated September 26, 2013, challenges an interlocutory order — the district court’s grant of a permanent injunction — but it was filed more than thirty days after entry of the order appealed. See 28 U.S.C. § 2107 (a); Fed. R.App. P. (FRAP) 4(a)(1)(A). The Appellate Commissioner concluded that the “amended notice of appeal appears to be timely filed because [Defendants’] ... cross-complaint names a federal party to the underlying action.” The Appellate Commissioner correctly cited 28 U.S.C. § 2107 (b) and FRAP 4(a)(l)(B)(iv), which extends the deadline to…