Atlantic Research Marketing Systems, Inc. v. Stephen P. Troy, Jr. and Troy Industries, Inc.

.NOTE: This order is nonprecedential.

# United States Court of Appeals for the Federal Circuit

ATLANTIC RESEARCH MARKETING SYSTEMS,
INC.,
Plaintiff-Appellee,
V.
STEPHEN P. TROY, JR. AND TROY INDUSTRIES,
INC.,
Defendants-Appellants.

\-

2011-1447

Appeal from the United States District Court for the
District of Massachusetts in case no. 07-CV-11576, Judge
Patti B. Saris.

ON MOTION

Before LOURIE, MOORE, AND REYNA, Circuit Judges.
LOURIE, Circuit Judge.

ORDER

Atlantic Research Marketing Systems, Inc. (ARMS)
moves to dismiss this appeal for lack of jurisdiction.

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Stephen P. Troy, Jr. and Troy Industries, Inc. (Troy)
oppose. ARMS replies.

Troy's appeals focuses on two decisions by the magis-
trate judge concerning discovery matters. Troy argues
that such decisions are immediately appealable to this
court under 28 U.S.C. § 636(c)(1). That section allows, in
relevant part:

Upon consent of the parties, a full-time United
States magistrate judge or a part-time United
States magistrate judge who serves as a full-time
judicial officer may conduct any or all proceedings
in a jury or nonjury civil matter and order the en-
try of judgment in the case, when specially desig-
nated to exercise such jurisdiction by the district
court or courts he serves.

The docket in this case does not indicate that this case
was referred to a magistrate judge for judgment under
Section 636(c)(1) and judgment has not been entered.
This section is inapplicable.

Because there are pending claims, there is no final
judgment and this appeal is premature. See Nystrom v.
Trex Co., 339 F.3d 1347, 1350 (Fed. Cir. 2003) ("If a case
is not fully adjudicated as to all claims for all parties and
there is no express determination that there is no just
reason for delay or express direction for entry of judgment
as to fewer than all of the parties or claims, there
is no final decision ... and therefore no jurisdiction.") Any
adversely affected party may, of course, file a notice of
appeal after the district court claims disposes of all claims
and enters final judgment.

Accordingly,

IT IS ORDERED THAT:

(1) The motion is granted.

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(2) Each side shall bear its own costs.

FOR THE COURT

SEP 0 6 2011

/s/ Jan Horbaly

Date

Jan Horbaly Clerk

cc: Paul J. Hayes, Esq.
Damian R. LaPlaca, Esq.

s24

ISSUED AS A MANDATE:

SEP 06 2011

FILED
U.S. COURT OF APPEALS FOR
THE FEDERAL CIRCUIT
SEP 0 6 2011

JAN HORBALY
CLERK