Cove/Mallard Coalition v. U.S. Forest Service

*428 MEMORANDUM ***

The appellants are environmental activists who sued appellee lumber mill, its shareholders, and its manager, as well as other defendants no longer parties, 1 alleging that the appellees are vicariously liable under Idaho law for alleged torts committed by unknown assailants who raided the activists’ camp in the Nez Perce National Forest. We do not reach the merits of the appellants’ claims, however, because we lack jurisdiction to review the district court’s order granting summary judgment to the appellees. We lack jurisdiction and must dismiss this appeal.

First, we lack jurisdiction because the appellants failed to file a timely notice of appeal. Under Federal Rule of Appellate Procedure 4(a)(1)(B), the appellants were required to file a notice of appeal within sixty days after the district court’s March 8, 2002 judgment. They did not do so, defeating our jurisdiction. See Hohn v. United States, 524 U.S. 236 , 118 S.Ct. 1969 , 141 L.Ed.2d 242 (1998) (holding that failure to file a timely appeal is a jurisdictional defect barring the appeal).

Lawrence A. Hildes, the appellants’ former attorney, purported to file a notice of appeal for the appellants on…