McGreevey

McGreevey v. Montana Power Co.

Good Law
320 F. App'x 775
United States Court of Appeals for the Ninth CircuitApril 2, 2009No. 08-35137California835 words

Opinion

Lead Opinion

MEMORANDUM **

Appellants assert this court has jurisdiction over the present appeal pursuant to 28 U.S.C. § 1292 (a)(1), which states, “courts of appeals shall have jurisdiction of appeals from: [ijnterlocutory orders of the district courts ... granting, continuing, modifying, refusing or dissolving injunctions .... ” Construing the statute narrowly, this court has held that § 1292(a)(1) authorizes appellate jurisdiction over orders granting an injunction and orders that have the practical effect of granting an injunction. See Orange County v. Hongkong & Shanghai Banking Corp., 52 F.3d 821, 825 (9th Cir.1995); Gon v. First State Ins. Co., 871 F.2d 863, 865 (9th Cir.1989). The parties dispute whether the challenged order grants an injunction or has the practical effect of doing so.

An injunction is “an order that is [1] directed to a party, [2] enforceable by contempt, and [3] designed to accord or protect some or all of the substantive relief sought by a complaint in more than temporary fashion.” Gon, 871 F.2d at 865 (footnote omitted). The appealed order fails to meet the first and third requirements. First, the order is directed at only Appellants’ counsel and not at…

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