Needbasedapps, LLC v. Robbins Research International, Inc.

MEMORANDUM

Plaintiff-Appellant NeedBasedApps (“NBA”) filed these consolidated' appeals from a district court judgment dismissing some, but not all, of NBA’s claims pursuant to the grant of an anti-SLAPP motion to strike filed by Defendant-Appellees Robbins Research International (“RRI”), Tony Robbins (“Robbins”), and Steven Doyle (“Doyle”) (collectively, “Appellees”). We hold that we lack appellate jurisdiction over these appeals.

“[W]e have jurisdiction to determine our own jurisdiction.... ” Sareang Ye v. I.N.S., 214 F.3d 1128, 1131 (9th Cir. 2000). As we recently confirmed in Hyan v. Hummer, 825 F.3d 1043 (9th Cir. 2016), an order granting an anti-SLAPP motion which leaves some claims pending against any defendant • is not a “final decision” within the meaning of 28 U.S.C. § 1291 . Id. at 1046 (reasoning that such an order does not ‘end[ ] the litigation on the merits and leave[ ] nothing for the court to do but execute the judgment’” (quoting SEC v. Capital Consultants LLC, 453 F.3d 1166, 1170 (9th Cir. 2006))). Because several claims remain pending against Appellees, the district court’s partial dismissal of NBA’s claims pursuant to Appellees’ motion to strike was not a…