Abelman Art Glass v. AEP Energy Services, Inc.
Opinion
lead Opinion
MEMORANDUM **
Plaintiffs Fairhaven Power Company, Abelman Art Glass and Utility Savings & Refund Services, LLP, appeal the district court’s dismissal of their class action suit against defendants AEP Energy Services, Inc., and American Electric Power Company, Inc. (collectively, “the AEP defendants”). We reverse. Because the parties are familiar with the factual and procedural history of this case, we need not recount it here.
We review a district court’s analysis of preemption and the Filed Rate Doctrine de novo. See California ex rel. Lockyer v. Dynegy, Inc., 375 F.3d 831 , 849 & n. 16 (9th Cir.2004).
I
Contrary to the assertion of the defendants, the appeal in this case was timely. Federal Rule of Civil Procedure 58(a) requires that “[ejvery judgment and amended judgment must be set out on a separate document,” subject to certain exceptions not applicable here. Under Federal Rule of Appellate Procedure 4(a), an appeal must be filed within 30 days of the earlier of two events: (1) a judgment is entered on a separate document, or (2) 150 days have run from the entry of the non-separate judgment in the docket. See Fed. R.App. P. 4(a)(7)(A)(ii).