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Harper v. Lugbauer

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
May 13, 2014
No. 12-15847 (9th Cir. May. 13, 2014)

Opinion

No. 12-15847 D.C. No. 3:11-cv-01306-JW

05-13-2014

GAIL HARPER, Plaintiff - Appellant, v. RYAN LUGBAUER; et al., Defendants - Appellees.


NOT FOR PUBLICATION


MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.


Appeal from the United States District Court

for the Northern District of California

James Ware, District Judge, Presiding

Before: CLIFTON, BEA, and WATFORD, Circuit Judges.

Gail Harper, an attorney, appeals pro se from the district court's order granting an anti-SLAPP motion to strike certain state law claims against the City and County of San Francisco, the San Francisco Police Department, George Gascon, Carl Tennenbaum, Chad Ertola, and Anna Brown (the "City defendants"). We dismiss Harper's appeal for lack of appellate jurisdiction.

The district court's order dismissed Harper's claims against some, but not all, defendants in the action, and, therefore, is not an appealable final order. See Cassirer v. Kingdom of Spain, 616 F.3d 1019, 1024 (9th Cir. 2010) (en banc).

Moreover, this court does not have jurisdiction over Harper's appeal of the district court's order granting the City defendants' anti-SLAPP motion to strike under the collateral order doctrine because the order can be "fully and effectively reviewed after final judgment." Branson v. City of Los Angeles, 912 F.2d 334, 335 (9th Cir. 1990) (collateral order doctrine does not apply to order granting immunity to some defendants before trial); see also Mohawk Indus., Inc. v. Carpenter, 558 U.S. 100, 106-07, 113 (2009) (discussing collateral order doctrine, and reiterating "that the class of collaterally appealable orders must remain narrow and selective in its membership" (citation and internal quotation marks omitted)); DC Comics v. Pac. Pictures Corp., 706 F.3d 1009, 1015 (9th Cir. 2013) (treating California anti-SLAPP motions as a form of immunity from suit).

DISMISSED.


Summaries of

Harper v. Lugbauer

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
May 13, 2014
No. 12-15847 (9th Cir. May. 13, 2014)
Case details for

Harper v. Lugbauer

Case Details

Full title:GAIL HARPER, Plaintiff - Appellant, v. RYAN LUGBAUER; et al., Defendants …

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: May 13, 2014

Citations

No. 12-15847 (9th Cir. May. 13, 2014)