Miller v. Marriott Int'l, Inc.

Plaintiffs-Appellants Odelia Miller and Erma Lee Miller (sometimes jointly referred to as the “Millers”) appeal the district court’s dismissal of their complaint pursuant to their request and the district court’s grant of attorney fees and costs to Defendants. Because we have no jurisdiction over the merits, we dismiss the Millers’ appeal.

BACKGROUND

The Millers filed a complaint in state court alleging various state law causes of action and a separate cause of action under the Americans with Disabilities Act (the “ADA”) against Defendants as a result of their alleged refusal to permit the Millers to check into various hotel rooms when they were accompanied by a service dog. Following removal, the magistrate judge granted Defendants’ motion for sanctions based on various discovery abuses, and conditionally ordered Odelia Miller to appear for a deposition. The Millers appeared for the deposition and represented that they would dismiss their case to prevent Defendants from incurring additional attorneys’ fees.

Subsequently, the magistrate judge ordered Erma Miller to pay Defendants $25,000.00 in sanctions pursuant to his earlier order. The magistrate judge, however,…