James Barbee v. Amira Nature Food Ltd, et al
| JAMES K. BARBEE |
| AMIRA NATURE FOOD LTD, KARAN A. CHANANA, BRUCE C. WACHA, VARUN SETHI and BRIAN M. SPECK |
| 24-1463 |
| March 13, 2024 |
| U.S. Court of Appeals, Third Circuit |
| Securities, Commodities, Exchange |
Docket Report
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Filing 4
ORDER (Clerk) The appeals are hereby consolidated for all purposes. All case opening forms, motions, briefs, and other documents must be filed in both appeals. In these appeals, the plaintiff seeks review of orders dismissing his claims against two defendants. Some of these claims were dismissed merely without prejudice. See Borelli v. City of Reading, 532 F. 2d 950, 951-52 (3d Cir. 1976) ("Generally, and order which dismisses a complaint without prejudice is neither final nor appealable."). And claims against the other three defendants remain pending in the district court. See Morton Int'l, Inc., v. A.E. Staley Mfg. Co., 460 F. 3d 470, 476 (3d Cir. 2006) ("Ordinarily the proceedings in a district court must be final as to [. . .] all causes of action and parties for a court of appeals to have jurisdiction over an appeal."). For those reasons, the orders on appeal may not be "final decisions" under 28 U.S.C. Section 1291 or otherwise immediately appealable. All parties must file written responses addressing this issue within fourteen (14) days from the date of this order. [24-1463, 24-1467] (TMM) [Entered: 03/13/2024 03:05 PM]
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| Filing 3 NOTICE Pursuant to 3d Cir. L.A.R. 26.1, a document is timely filed if received by 5:00 p.m. ET on the last day for filing unless the Court sets a different time, the document has been submitted by an inmate pursuant to Fed. R. App. P. 25(a)(2)(A)(iii), or otherwise specified in L.A.R. 26.1 (TMM) [Entered: 03/13/2024 02:32 PM] |
| Filing 2 RECORD available on District Court CM/ECF. (TMM) [Entered: 03/13/2024 02:31 PM] |
| Filing 1 CIVIL CASE DOCKETED. Notice filed by Appellant James K. Barbee in District Court No. 3-21-cv-12894. (TMM) [Entered: 03/13/2024 02:28 PM] |
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