MENACHO v. K Power Construction, Inc., Defendant. (2019)

United States Court of Appeals, Fourth Circuit.

Juan MENACHO, On Behalf of Himself and All Others Similarly Situated; Hugo Reynaldo Quezada-Canedo, On Behalf of Himself and All Others Similarly Situated; Maynor Eliseo Xalin-Huz, On Behalf of Himself and All Others Similarly Situated, Plaintiffs - Appellees, v. SUNG JIN KOO; Myung Kwan Koo, Defendants - Appellants, K Power Construction, Inc., Defendant.

No. 19-1392

Decided: September 26, 2019

Before WYNN and HARRIS, Circuit Judges, and TRAXLER, Senior Circuit Judge.

Sung Jin Koo; Myung Kwan Koo, Appellants Pro Se.

Sung Jin Koo and Myung Kwan Koo seek to appeal the magistrate judge’s order striking their answer and counterclaim. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2012), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2012); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). The order that the Koos seek to appeal is neither a final order nor an appealable interlocutory or collateral order. Accordingly, we dismiss the appeal for lack of jurisdiction. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

DISMISSED

PER CURIAM:

Dismissed by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.

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