Securities and Exchange Commission v. CAPITAL PACIFIC BANK and CERTAIN HG TICS

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
SECURITIES AND EXCHANGE
COMMISSION,
Plaintiff,
and
MARVIN G. CALHOUN, DBA
Calhoun’s Hawthorne Gardens, LLC,
Intervenor - Appellant,
v.
CAPITAL PACIFIC BANK and
CERTAIN HG TICS,
Intervenors - Appellees,
and
SUNWEST MGMT, INC.; et al.,
Defendants.
No. 09-36003
D.C. No. 6:09-cv-06056-HO
MEMORANDUM*
Appeal from the United States District Court
for the District of Oregon
Michael R. Hogan, District Judge, Presiding
FILED
DEC 16 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
09-36003 2
Submitted December 14, 2010**
Before: GOODWIN, WALLACE, and THOMAS, Circuit Judges.
Intervenor Marvin G. Calhoun, dba Calhoun’s Hawthorne Gardens, LLC,
appeals pro se from the district court’s order directing him to execute a settlement
agreement in accordance with a prior settlement between Calhoun and other
parties. We dismiss for lack of appellate jurisdiction.
We have “jurisdiction of appeals from all final decisions of the district
courts . . .” under 28 U.S.C. § 1291. The record indicates that the order appealed
from is not a final order, rather, the underlying action is in mediation and judgment
has not been entered. Moreover, the district court did not certify the matter for
immediate appeal. See F. R. Civ. P. 54(b). In the absence of such an order, “any
order or other decision, however designated, that adjudicates fewer than all the
claims or the rights and liabilities of fewer than all the parties does not end the
action as to any of the claims or parties.” Id.; see Chacon v. Babcock, 640 F.2d
221, 222 (9th Cir. 1981).
All pending motions are denied as moot.
DISMISSED.

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09-36003 3

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