Allen

Allen v. Pacific Maritime Ass'n

Good Law
319 F. App'x 642
United States Court of Appeals for the Ninth CircuitMarch 17, 2009No. 06-56275California600 words

Opinion

Lead Opinion

*644 MEMORANDUM *

Members of a longshoreman’s union appeal the district court’s grant of summary-judgment in favor of the International Longshore and Warehouse Union (“Union”).

The appeal is timely because a notice of appeal was filed within thirty days after the district court entered judgment for the Union. Fed. R.App. P. 4(a)(1)(A). The February 6, 2006 summary judgment order (“February 6 order”) was not a final, appealable order because it did not fully dispose of all claims among all parties and the district court did not enter final judgment until August 2006. Cheng v. Comm’r, 878 F.2d 306, 309 (9th Cir.1989); see also 28 U.S.C. § 1291 ; Fed.R.Civ.P. 54(b).

We review the district court’s February 6, 2006 order even though it was not designated in or attached to the notice of appeal. See Fed. R.App. P. 3(c)(1)(B); 9th Cir. R. 3-4(a). Intent to appeal the February 6 order can be fairly inferred by the appeal of the final judgment order entered in favor of all defendants, including the Union. For the Union, the sole basis of that judgment was the February 6 order. The Union was not prejudiced. It was served with the notice of appeal, and gave a detailed response to…

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