United States Ninth Circuit

An interlocutory order denying a motion to exclude certain class members from a plaintiff class 1) was not a final order under 28 U.S.C. section 1291, 2) lacked the practical effect of granting or denying injunctive relief, and 3) defendants took no other steps to preserve a right of appeal as to it.

Appellate Information

• Argued 03/12/2003
• Decided 05/27/2003
• Published 05/27/2003

Judges

• WARDLAW, Circuit Judge., Before:  NOONAN, TASHIMA, and WARDLAW, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• John M. Applebaum, Supervising Deputy Attorney General, Sacramento, CA, for the defendants-appellants., Donald Specter, Prison Law Office, San Quentin, CA, and Caroline N. Mitchell, Pillsbury Winthrop LLP, San Francisco, CA, for the plaintiffs-appellees.