Stroud Productions & Enterprises, Inc. v. Castle Rock Entertainment Inc.

MEMORANDUM

Appellants Scarlett P. Stroud, in her capacity as Executrix for the Estate of Andrew B. Stroud, and Stroud Productions and Enterprises, Inc. appeal orders entered against them in two related cases, Brown v. Stroud, 4:08-cv-02348-JSW, and Stroud Prods. v. Castle Rock Entm’t, Inc., 4:09-cv-03796-JSW. Specifically, they contend that the district court (1) prematurely ordered Scarlett P. Stroud (SPS) substituted as a party, (2) lacked subject matter jurisdiction, (3) lacked personal jurisdiction over SPS, and (4) abused its discretion by denying several of Appellants’ motions.

We have jurisdiction over these appeals under 28 U.S.C. § 1291 , including in Brown v. Stroud under the subsequent events doctrine. See Anderson v. Allstate Ins. Co., 630 F.2d 677, 680-81 (9th Cir. 1980) (“subsequent events can validate a prematurely filed appeal”).

Regarding the district court’s jurisdiction in Brown, that court had diversity jurisdiction over the primary action pursuant to 28 U.S.C. § 1332 , because complete diversity existed between the parties to the operative complaint. The district court also had jurisdiction pursuant to 28 U.S.C. § 1331 over the counterclaims filed by the…