JI v. JLING INC (2020)

SUMMARY ORDER

Junjiang Ji appeals from a March 31, 2019 memorandum and order entered in the United States District Court for the Eastern District of New York (Locke, M.J.) granting in part and denying in part Defendants-Appellees’ motion (1) to dismiss plaintiffs’ claims for failure to prosecute under Fed. R. Civ. P. 41(b); (2) in the alternative, to strike Ji’s testimony; (3) to enforce the settlement in principle; and (4) to sanction plaintiffs’ counsel for failure to comply with the district court’s directives. We assume the parties’ familiarity with the underlying facts, procedural history, and specification of issues for review.

Generally, we lack jurisdiction to hear an appeal unless the decision appealed is, or is embodied in, an order of judgment that is “final” within the meaning of 28 U.S.C. § 1291. See Citizens Accord, Inc. v. Town of Rochester, N.Y., 235 F.3d 126, 128 (2d Cir. 2000). “A ‘final’ judgment or order is one that conclusively determines the pending claims of all the parties to the litigation, leaving nothing for the court to do but execute its decision” Id.

Here, there is no final order from which an appeal may be taken. The March 31, 2019 order is neither a final order under 28 U.S.C. § 1291 nor does it fall within one of the interlocutory exceptions provided for in 28 U.S.C. § 1292 or within the collateral order doctrine. Accordingly, we lack appellate jurisdiction.

We have considered the remainder of Plaintiffs-Appellants’ arguments and find them to be without merit. Accordingly, the appeal is hereby DISMISSED.