Dismissal of Appeal for Lack of Jurisdiction
In Houbigant, Inc. v. IMG Fragrance Brands, LLC, No. 10-361, plaintiff's appeal from the dismissal of a complaint in one of two related cases, the court dismissed the appeal where the district court's order was a nonfinal judgment that is not independently appealable, because, although the district court directed the Clerk of the Court to "close" the dismissed case, the district court also instructed that the dismissal was not to affect, inter alia, pending motions in the case with which the dismissed action was consolidated.
As the court wrote: "Appellants appeal from a judgment of the district court (Preska, Ch. J.) dismissing one of two cases that were consolidated for all purposes. See Houbigant, Inc. v. IMG Fragrance Brands, LLC, No. 09 Civ. 839, 2009 WL 5102791 (S.D.N.Y. Dec. 18, 2009) (dismissing Case No. 09 Civ. 839). As we explained in Hageman v. City Investing Co., 851 F.2d 69, 71 (2d Cir.1988), "when there is a judgment in a consolidated case that does not dispose of all claims which have been consolidated, there is a strong presumption that the judgment is not appealable absent Rule 54(b) certification."
- Read the Second Circuit's Decision in Houbigant, Inc. v. IMG Fragrance Brands, LLC, No. 10-361