FEDYNICH v. LOZANO II LP II LP II LP (2021)

United States Court of Appeals, Fourth Circuit.

Nicole FEDYNICH; Elizabeth Fedynich, Plaintiffs - Appellants, v. Juana LOZANO, in her official capacity, Assistant Manager Valor Phase II, LP; Marie White, in her official capacity, Apartment Manager Valor Phase II, LP; Steve Boyce, in his official capacity, Senior Vice President; Angelica Redfern, in her official capacity, Regional Property Manager; Valor Phase II, LP; S. L. Nusbaum Realty, Co., Defendants - Appellees.
Nicole Fedynich; Elizabeth Fedynich, Plaintiffs - Appellants, v. Juana Lozano, in her official capacity, Assistant Manager Valor Phase II, LP; Marie White, in her official capacity, Apartment Manager Valor Phase II, LP; Steve Boyce, in his official capacity, Senior Vice President; Angelica Redfern, in her official capacity, Regional Property Manager; Valor Phase II, LP; S. L. Nusbaum Realty, Co, Defendants - Appellees.

No. 21-1463, No. 21-1574

Decided: August 23, 2021

Before GREGORY, Chief Judge, FLOYD, and RUSHING, Circuit Judges.

Nicole Fedynich, Elizabeth Fedynich, Appellants Pro Se. Jennifer Lynn McGovern, Jennifer Lee Parrish, PARRISH SNEAD FRANKLIN SIMPSON, PLC, Fredericksburg, Virginia, for Appellees.

Nicole and Elizabeth Fedynich (collectively, the “Fedynichs”) seek to appeal the district court's order dismissing with prejudice seven of their eight claims against Defendants, and the district court's subsequent order denying their motion for continuance of an initial pretrial conference. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291, and certain interlocutory and collateral orders, 28 U.S.C. § 1292; 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). “Ordinarily, a district court order is not final until it has resolved all claims as to all parties.” Porter v. Zook, 803 F.3d 694, 696 (4th Cir. 2015) (internal quotation marks omitted).

Because the Fedynichs’ retaliation claim under the Fair Housing Act, 42 U.S.C. §§ 3601-19, is still pending before the district court, we conclude that the orders the Fedynichs seek to appeal are neither final orders nor appealable interlocutory or collateral orders. Accordingly, we dismiss the appeals 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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