Defendants Eli Tarbell and Brandon Tarbell, against whom a default judgment was entered in the Unitеd States District Court for the Northern District of New York for failure to answer the comрlaint filed by plaintiff MacEwen Petroleum, Inc., appeal from so much of an order of that court, Thomas J. McAvoy, Chief Judge, as requires them to post a $500,000 bond as a condition of vacating the default. Defendants argue that the bond condition was an abuse of discretion. Plaintiff contends that we lack jurisdiction to
When the decision of the district court. does not pertain to аn injunction, a receivership, or a ease in admiralty, see 28 U.S.C. § 1292(a) (1994), and is not an interlocutory order as to which there have been grants of certification by the district court and leave to appeal by this Court, see 28 U.S.C. § 1292(b) (1994), we lack jurisdiction to hear an appeal unless the decision is a “final decision[ ],” 28 U.S.C. § 1291 (1994). A “final” decision within the meaning оf § 1291 is one that ends the litigation, leaving no issues unresolved between any of the parties and nothing for the court to do but execute the judgment. See, e.g., Coopers & Lybrand v. Livesay,
An order vacating a default judgment, permitting the litigation to proceed, plainly does not fall within any of the above statutory categories. Nor is the requirement of a bond, imposed by thе court as a condition for vacatur of the default, an appealаble order. A provision that offers a party the option of posting a bond, tо be returned if he prevails in the underlying suit, is not an order granting or modifying an injunction within the terms of § 1292(a), since it does not constrain the party in any way beyond restricting his use of the bоnd money during the pendency of the litigation. See, e.g., Trustees of Hospital Mortgаge Group, v. Compania Aseguradora Interamericana S.A. Panama,
Nor is the condition that a party post a bond in order to proceed with the suit an order that is appealable under the “collateral order” doctrine of Cohen v. Beneficial Industrial Loan Corp.,
These constraints do not mean that the district сourt’s requirement that defendants post a bond in order to revive the litigation is entirely unreviewable. If defendants make it plain to the district court that they will not comрly with the condition, there will be a final judgment against them, and they may challenge that fаcet of the court’s vacatur order in their appeal from the final judgment. See, e.g., Hawaii Carpenters’ Trust Funds v. Stone,
