Las Vegas Sands, Inc. v. Culinary Workers' Local Union 226

MEMORANDUM *

Cross-appellants Las Vegas Sands, Inc. (“LVSI”) and Culinary Workers’ Union Local # 226 (the “Union”) appeal from various interlocutory orders entered by the district court. After examining the question of appellate jurisdiction, we have determined that we lack jurisdiction over all of the issues raised by the parties. We therefore dismiss both of the above-captioned appeals.

We have an independent responsibility to examine the parties’ filings to determine whether we have jurisdiction over these interlocutory appeals. Bernhardt v. County of Los Angeles, 279 F.3d 862, 871 (9th Cir.2002). As a vital prerequisite to our assertion of jurisdiction over any such appeal, the district court must both enter a partial judgment regarding the claim and expressly certify that “there is no just reason” for delaying the appeal until it has entered a final judgment. Fed.R.Civ.P. 54(b); Baker v. Limber, 647 F.2d 912, 916 (9th Cir.1981).

With regard to LVSI’s appeal from the district court’s Noerr-Pennington order, we observe that the court’s ruling did not finally dispose of any of the three claims asserted by the Union. Instead, the order’s only practical effect was to immunize…