Mulcahey
Mulcahey v. Euro Gen. Contractors
Opinion
Lead Opinion
MEMORANDUM *
Sean M. Mulcahey filed a complaint under the Fair Labor Standards Act (“FLSA”), 29 U.S.C. §§ 201 et seq., and Washington state law, Rev.Code Wash. § 49.46, seeking unpaid overtime compensation from his former employer, Euro General Contractors (“Euro”), for the period between 1992 and 1999. Mulcahey appeals the district court’s summary judgment orders that: (1) limited his claims pursuant to the statute of limitations; and (2) dismissed the bulk of his claims for *944 overtime compensation. We have jurisdiction under 28 U.S.C. § 1291 and affirm.
At the threshold, we reject Euro’s argument that Mulcahey’s appeal should be dismissed as untimely under Fed. R.App. P. 4(a)(1)(A). The rule is clearly established that the time for appeal does not begin to run “until a judgment is entered in compliance with Rules 58 and 79(a) of the Federal Rules of Civil Procedure, that is, until [the judgment] is set forth in a separate document and properly entered by the clerk of the court.” McCalden v. Cal. Library Ass’n, 955 F.2d 1214, 1218 (9th Cir.1990). See also Venon v. Heckler, 811 F.2d 1274, 1276 (9th Cir.1987) (“Absent compliance with [Rules 58 and 79(a) ] a party will not…