Xianhua

Xianhua v. Oath Holdings, Inc. f/k/a/Yahoo! Inc.

Good Law
United States District Court, Northern District of CaliforniaApril 12, 20224:20-cv-06185California302 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

NING XIANHUA,

Case No. 20-cv-06185-HSG Plaintiff, 8 v. ORDER OF DISMISSAL 9 OATH HOLDINGS, INC., et al., 10 Defendants.

12 On March 31, 2022, the Court dismissed Plaintiff’s complaint and gave Plaintiff leave to 13 amend within 21 days. Dkt. No. 70 at 8. Plaintiff indicates he will not amend the complaint, and seeks to appeal the Court’s dismissal order. Dkt. No. 72. “If a plaintiff has been given leave to amend its complaint, a further district court 17 determination constituting final judgment must be obtained before an appeal may be brought.” 18 United Nat. Ins. Co. v. R&D Latex Corp., 242 F.3d 1102, 1110 (9th Cir. 2001) (quotation omitted) 19 (simplified); Baldwin v. Sebelius, 654 F.3d 877, 878 (9th Cir. 2011) (“[A] plaintiff who has been 20 given leave to amend may not file a notice of appeal before entry of a final judgment even when 21 he elects to stand on an unamended pleading[.]”). “[A] plaintiff may obtain an appealable final judgment by ‘fil[ing] in…

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