Nestle USA, Inc. v. Travelers Casualty & Surety Co. of America

MEMORANDUM **

A. Appellate Jurisdiction.

Travelers contends we lack jurisdiction over this appeal because Nestle dismissed its claims against the only remaining defendant, Northbrook, after the district court entered summary judgment in favor of Travelers. Travelers argues that there is no appellate jurisdiction under 28 U.S.C. § 1291 when “a losing party manufactories] finality by dismissing remaining claims without prejudice.” United Nat'l Ins. Co. v. R & D Latex Corp., 141 F.3d 916, 918, n. 1 (9th Cir.1998).

Nestle dismissed its claims against Northbrook without prejudice (and pursuant to court order) after the district court ruled in Travelers’ favor, but before the district court issued its “final judgment.” 1 In evaluating whether the exercise of jurisdiction is proper, we take a “pragmatic approach to finality” in order to ensure the “protection of the appellate process from manipulation by the parties.” Id.; Dannenberg v. Software Toolworks Inc., 16 F.3d 1073, 1075 (9th Cir.1994).

We have jurisdiction over this appeal. The district court’s “final judgment” was entered after Nestle dismissed its claims against Northbrook, and it specifically references the dismissal.…