Filed: Feb. 12, 2018
Latest Update: Feb. 12, 2018
Summary: ORDER DENYING PLAINTIFF'S DEMAND FOR FINAL, APPEALABLE LANGUAGE OF SUMMARY JUDGEMENT ORDER [DKT. NO. 74.] GONZALO P. CURIEL , District Judge . On February 9, 2018, Plaintiff Clayton Del Thibodeau, proceeding pro se, filed a "Demand for Final, Appealable, Language of Summary Judgement Order Dkt. No. 69." Plaintiff appears to seek a final judgment from this Court, from which he could prepare a timely appeal. Dkt. No. 74. Plaintiff's position is mistaken as there is no basis for a final judg
Summary: ORDER DENYING PLAINTIFF'S DEMAND FOR FINAL, APPEALABLE LANGUAGE OF SUMMARY JUDGEMENT ORDER [DKT. NO. 74.] GONZALO P. CURIEL , District Judge . On February 9, 2018, Plaintiff Clayton Del Thibodeau, proceeding pro se, filed a "Demand for Final, Appealable, Language of Summary Judgement Order Dkt. No. 69." Plaintiff appears to seek a final judgment from this Court, from which he could prepare a timely appeal. Dkt. No. 74. Plaintiff's position is mistaken as there is no basis for a final judgm..
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ORDER DENYING PLAINTIFF'S DEMAND FOR FINAL, APPEALABLE LANGUAGE OF SUMMARY JUDGEMENT ORDER
[DKT. NO. 74.]
GONZALO P. CURIEL, District Judge.
On February 9, 2018, Plaintiff Clayton Del Thibodeau, proceeding pro se, filed a "Demand for Final, Appealable, Language of Summary Judgement Order Dkt. No. 69." Plaintiff appears to seek a final judgment from this Court, from which he could prepare a timely appeal. Dkt. No. 74.
Plaintiff's position is mistaken as there is no basis for a final judgment at this stage of the case. While the Court's Dkt. No. 69 Order granted summary judgment for several claims, the Court also denied summary judgment as to Plaintiff's First, Fourth, and Seventh Causes of Action. The Court concluded that "Accordingly, what remains in this case are Plaintiff's First, Fourth, Seventh, and Eighth1 Causes of Action."
A final judgment is a "decision by the District Court that ends the litigation on the merits and leaves nothing for the court to do but execute the judgment." Williamson v. UNUM Life Ins. Co, 160 F.3d 1247, 1249 (9th Cir. 1998) (internal citations omitted). Orders granting partial summary judgment are, absent special circumstances,2 not appealable final orders under 28 U.S.C. § 1291 because partial summary judgment orders do not dispose of all claims and do not end litigation on the merits.
Here, four causes of action remain in the case. The district court's grant of partial summary judgment did not end the litigation on the merits. Accordingly, the Court will DENY Plaintiff's request for an order of final judgment. As previously stated, what remains in this case are Plaintiff's First, Fourth, Seventh, and Eighth3 Causes of Action.
IT IS SO ORDERED.