Patti

MEMORANDUM **

Carmen B. Patti appeals from the district court’s dismissal of his action against his former employer, Rockwell International Corp., for age discrimination, breach of an implied contract of employment, and breach of the covenant of good faith and fair dealing. The facts and prior proceedings are known to the parties; they are not cited herein, except as necessary.

I

We reject Rockwell’s contention that Patti’s appeal as to the arbitrability of his claims is untimely and therefore barred. Although the law of this circuit differed at the time, see McCarthy v. Providential Corp., 122 F.3d 1242, 1244-45 (9th Cir.1997), it is now settled that the dismissal of Patti’s suit “without prejudice” to his right to seek arbitration was a final, appealable order under 28 U.S.C. § 1291 . See Interactive Flight Techs., Inc. v. Swissair Swiss Air Transp. Co., 249 F.3d 1177, 1178-79 (9th Cir.2001) (holding that Green Tree Fin. Corp.-Ala. v. Randolph, 531 U.S. 79, 85-89 , 121 S.Ct. 513 , 148 L.Ed.2d 373 (2000), overruled McCarthy). However, it appears that the district court did not enter judgment in a separate document upon dismissing the action, as required by Federal Rule of…