Kent Pivonka; James Smith v. Allstate Insurance Company, an Illinois corporation

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
KENT PIVONKA; JAMES SMITH,
Plaintiffs - Appellants,
v.
ALLSTATE INSURANCE COMPANY,
an Illinois corporation; ALLSTATE
PROPERTY AND CASUALTY
COMPANY, an Illinois corporation,
Defendants - Appellees.
No. 12-15068
D.C. No. 2:11-cv-01759-GEB-
CKD
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of California
Garland E. Burrell, Jr., Senior District Judge, Presiding
Submitted February 12, 2014 **
San Francisco, California
FILED
FEB 27 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

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Before: O’SCANNLAIN and MURGUIA, Circuit Judges, and ADELMAN,
District Judge. ***
Kent Pivonka appeals the district court’s order granting Allstate Insurance
Company’s motion to compel appraisal and stay litigation of his putative class
action.
Appraisal is a form of arbitration under California law. See, e.g., Doan v.
State Farm Gen. Ins. Co., 125 Cal. Rptr. 3d 793, 801 (Cal. Ct. App. 2011). We
therefore lack jurisdiction to consider this appeal. See 9 U.S.C. § 16(b); Dees v.
Billy, 394 F.3d 1290, 1294 (9th Cir. 2005) (“We therefore hold that a district court
order staying judicial proceedings and compelling arbitration is not
appealable[.]”).1
DISMISSED.
*** The Honorable Lynn S. Adelman, District Judge for the U.S. District
Court for the Eastern District of Wisconsin, sitting by designation.
1 Pivonka’s motion to take judicial notice of court records, filed with
this Court on January 16, 2014, is DENIED as moot.

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