Opinion
No. 18-15292
04-19-2019
KRISTIN M. PERRY; et al., Plaintiffs-Appellees, CITY AND COUNTY OF SAN FRANCISCO, Intervenor-Plaintiff-Appellee, KQED, INC., Intervenor-Appellee, v. ARNOLD SCHWARZENEGGER, in his official capacity as Governor of California; et al., Defendants, and DENNIS HOLLINGSWORTH; et al., Intervenor-Defendants-Appellants.
NOT FOR PUBLICATION
D.C. No. 3:09-cv-02292-WHO MEMORANDUM Appeal from the United States District Court for the Northern District of California
William Horsley Orrick, District Judge, Presiding Submitted April 17, 2019 San Francisco, California Before: FERNANDEZ, BEA, and N.R. SMITH, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). --------
In light of the district court's briefing and hearing schedule for a future motion to continue to seal the recording at issue, we presently lack jurisdiction over Proponents' appeal. The district court's order compelling "the recordings be kept under seal . . . until August 12, 2020" is not a "final decision[]" of the district court. See 28 U.S.C. § 1291. Nor is it a reviewable collateral order, for the order is not "effectively unreviewable on appeal from a final judgment." U.S. v. Hickey, 185 F.3d 1064, 1066 (9th Cir. 1999). Accordingly, this appeal is dismissed without prejudice for lack of jurisdiction.
DISMISSED WITHOUT PREJUDICE.