Lumbermens Mutual Casualty Co. v. Luciano Enterprises, LLC

MEMORANDUM **

Luciano Enterprises, LLC, dba LG General Contractors (“LG”) and Albert Maffei appeal several pretrial orders in favor of Remtech, Inc. and Lumbermens Mutual Casualty Co. (“Lumbermens”). We dismiss as to some aspects of the appeal and affirm as to others.

1. Neither Remtech nor its counsel were listed on the representation statement LG and Maffei filed with the district court, as required by Federal Rule of Appellate Procedure 12(b) and Ninth Circuit Rule 3-2. Also, Remtech was not served with a notice of appeal nor, apparently, has it been served with any other documents in this appeal. Not surprisingly, Remtech has not filed any briefs or otherwise participated in this appeal.

When a party affected by an appeal is not brought before the court in accord with the applicable rules, we will not address the merits of the appeal. See Interstate Oil Co. v. Gormley, 105 F.2d 431, 432 (9th Cir.1939). Accordingly, we dismiss the appeal as to the district court’s order granting summary judgment in favor of Remtech on LG’s counterclaims and denying LG leave to amend its counterclaims against Remtech. See id. at 434 .

2. The district court was within its discretion to permit…