Robert Enkema v. Fti Consulting, Inc.; Fti LLC

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-1842
ROBERT ENKEMA,
Plaintiff - Appellant,
v.
FTI CONSULTING, INC.; FTI LLC,
Defendants - Appellees.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. J. Frederick Motz, Senior District
Judge. (1:16-cv-01048-JFM)
Submitted: October 7, 2016 Decided: November 4, 2016
Before NIEMEYER and KING, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Jonathan Biran, BIRAN KELLY LLC, Baltimore, Maryland; William
David Bridgers, Andrew Archer Warth, WALLER, LANSDEN, DORTCH &
DAVIS, Nashville, Tennessee, for Appellant. Paul Andrew Fenn,
CONTI, FENN & LAWRENCE, LLC, Baltimore, Maryland; Judith A.
Lockhart, CARTER, LEDYARD & MULBURN, New York, New York, for
Appellees.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Robert Enkema seeks to appeal the district court’s order
directing arbitration in his civil action against his former
employer, FTI Consulting, Inc. (“FTI”). This court may exercise
jurisdiction only over final orders, 28 U.S.C. § 1291 (2012),
and certain interlocutory and collateral orders, 28 U.S.C.
§ 1292 (2012); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus.
Loan Corp., 337 U.S. 541, 545-46 (1949). Upon review of the
district court’s order, we conclude that the order in question
stayed the district court proceedings pending arbitration of
Enkema’s claims. Consequently, the order is neither a final
order nor an appealable interlocutory or collateral order. See
9 U.S.C. § 16(b)(1), (2) (2012). Therefore, we grant FTI’s
motion to dismiss the appeal for lack of jurisdiction and deny
as moot Enkema’s motion to reconsider the suspension of the
briefing schedule. We dispense with oral argument because the
facts and legal contentions are adequately presented in the
materials before this court and argument would not aid the
decisional process.
DISMISSED

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