Roe v. Northern Mariana Islands Retirement Fund

MEMORANDUM

The parties are familiar with the facts of the case and we do not repeat them here. Appellants appeal the district court’s order denying Appellants’ motion to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Generally, denial of a motion to dismiss is not an appealable final order under 28 U.S.C. § 1291 . Confederated Salish v. Simonich, 29 F.3d 1398, 1401-02 (9th Cir.1994). “A district court’s decision is appealable under § 1291 only when the decision ‘ends the litigation on the merits and leaves nothing for the court to do but execute the judgment.’” Id. at 1401 (quoting Gulfstream Aerospace Corp. v. Mayacamas Corp., 485 U.S. 271, 275 , 108 S.Ct. 1133 , 99 L.Ed.2d 296 (1988)). A final decision is one that is “a full adjudication of the issues at bar, and clearly evinces the judge’s intention that it be the court’s final act in the matter.” In re Slimick, 928 F.2d 304 , 307 (9th Cir.1990). The court’s January 25, 2010 order did not evince the district judge’s intention that it be the court’s final act in the matter. To the contrary, the possibility of further action by the district court was apparent, given its concerns about the pace of…